Alpha Beta Company v. Retail Store Employees Union, Local 428 Afl-Cio, Chartered by the Retail Clerks International Association, Afl-Cio

Alpha Beta appeals the denial of its petition to compel the Retail Store Employees Union, Local 428 AFL-CIO (the Union) to arbitrate the interpretation and application of provisions of their 1977 and 1980 collective bargaining agreements relating to sympathy strikes. This appeal raises the issues of (1) whether Alpha Beta can compel arbitration of issues relating to a dispute that was settled under the 1977 agreement, and (2) whether a dispute exists under the 1980 agreement enabling Alpha Beta to compel arbitration to interpret the sympathy strike clause in that agreement.

I

FACTS

The Union and Alpha Beta entered into a collective bargaining agreement effective January 1, 1977 through December 31, 1979 (1977 agreement), which contained a no-strike provision and also a provision that permitted the employees to refuse to pass through a picket line that was properly sanctioned by the appropriate labor council. The parties subsequently entered into an agreement, effective January 1, 1980 through February 28, 1983 (1980 agreement), which contained the same provisions.

During the summer of 1978, various Teamsters Union locals struck Alpha Beta and other supermarkets. Sporadic…