Hospital and Institutional Workers Union Local 250, Seiu, Afl-Cio v. Marshal Hale Memorial Hospital

The Hospital and Institutional Workers Union Local 250 (Union) appeals from a summary judgment denying its petition to compel arbitration of a dispute arising under a collective bargaining agreement with Marshal Hale Memorial Hospital (Hospital). Because we find that the collective bargaining agreement committed resolution of such disputes to arbitration, we reverse.

I. Facts

The dispute underlying this case concerns an alleged altercation between representatives of the Union and the Hospital. The collective bargaining agreement between the Hospital and the Union provides that a duly authorized representative of the Union be permitted reasonable access to the Hospital for the purpose of monitoring workers’ complaints and the Hospital’s compliance with the agreement. On April 25, 1977, the Union’s designated representative, Felix Smith, was scheduled to meet with Dennis Powell, Vice-President in charge of personnel for the Hospital. When Smith arrived at the appointed time, Powell declined to meet with him because Smith was unrepentant about having violated hospital rules against distributing literature in work areas. Smith refused to leave Powell’s office and allegedly assaulted…