Wackenhut Corp. v. International Union, United Plant Guard Workers of America

Two unions brought this action against •an employer to enforce the arbitration provision of a labor agreement. The plaintiffs are International Union, United Plant Guard Workers of America (International), and its affiliated Local No. 151 (Local). The defendant is The Wackenhut Corporation (Wackenhut). Federal jurisdiction was invoked under .section 301 of the Labor Management Relations Act, 1947 (Act), 61 Stat. 156 , 29 U.S.C. § 185 (1958), and the United -States Arbitration Act, 9 U.S.C. § 1 et .seq. (1958).

The labor agreement provided for certain wage increases, and contained certain union shop and dues checkoff provisions which Wackenhut had refused to put into effect or submit to arbitration. It took this position, and in this suit resists the effort to enforce arbitration, on the ground that it is not bound by the labor agreement in question. That agreement had been entered into, not by Wackenhut, but by General Plant Protection Co. (General Plant). Wac’kenhut had thereafter purchased the business and assets of General Plant but "had not expressly assumed the obligations of General Plant’s labor agreement.

At the outset of the trial the unions advanced three theories any…