Hotel & Restaurant Employees & Bartenders International Union v. Michelson's Food Services, Inc.

The Hotel and Restaurant Employees Union appeals from the district court’s denial of its petition to enforce an interim arbitration award. We reverse and remand.

This case arises out of a grievance against Michelson’s Food Services by Manning, one of its employees, who claims that Michelson’s failed to pay him over $30,000 due him under a labor agreement for work performed during the period from January 1, 1965, to May 15, 1971. Manning first filed a written grievance with the Union, the exclusive bargaining representation of Michelson’s employees, and on September 28, 1972, at Manning’s request, the Union filed a written notice of that grievance with Michelson’s.

At all relevant times there was a collective bargaining agreement in effect between the Union and Michelson’s which governed the “wages, hours, and working conditions” of the employees represented by the Union. The agreement created a three-step dispute resolution procedure. It provided that first the employer is to be notified of any grievance and given an opportunity to rectify it. If the employee remains dissatisfied, representatives of the Union and Michelson’s must seek to resolve the dispute. If that fails,…