Retail Delivery Drivers, Driver Salesmen, Produce Workers & Helpers Local 588 v. Servomation Corporation

This is an appeal from a denial of Local 588’s Petition to Compel Arbitration pursuant to its collective bargaining agreement with Servomation. The district court held that petitioner’s grievance was “not subject to compulsory arbitration because of [its] failure to comply with the contractual time limitation [for demanding arbitration] and that the parties did not agree to the arbitration of grievances not meeting the contractual time limitation.” We reverse.

I.

The collective bargaining agreement between Local 588 and respondent Servomation (“the Agreement”) governs the wages and working conditions of certain Servomation employees from July 1, 1980 to June 30, 1983. Sections 15 and 16 of the Agreement provide a grievance procedure for resolving disputes arising under the contract! Under Section 16 of the Agreement, a grievance is heard initially by an “Adjustment Committee” composed of two members selected by the union and two members selected by the company. Where a grievance is not resolved by the Adjustment Committee the matter may be taken to arbitration provided proper notice is given to the other party. Section 16 requires that a party give notice of its desire to…