Local Union No. 490, United Rubber, Cork, Linoleum & Plastic Workers of America v. Kirkhill Rubber Co.

This appeal follows a controversy as to the arbitrability of a grievance of one of the appellee’s employees. The employee, one Henning, worked two hours and fifteen minutes on Sunday, October 18, 1964. Applying its interpretation of article IV, section 5, of a collective-bargaining agreement, 1 the employer paid Henning at twice his straight-time rate, $2.-64 per hour, or $5.28 per hour, for a total of $11.88 for the two hours and fifteen minutes of work. After receiving the payment the employee complained to the union representative. His contention, with which the representative agreed, was that the compensation should have been double the straight-time rate for a total of four hours. The contention was based upon a reading of the agreement’s article IV, section 5, cited, supra, footnote 1, together with section 4 of article III. 2

A grievance was filed. The employer rejected the grievance and refused to submit to arbitration. On April 6, 1965, the union petitioned the District Court for an order directing arbitration, invoking section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 . On April 7, 1965, the union moved for summary judgment. The defendant employer moved…