Screen Cartoonists Guild, Local 852 v. Walt Disney Productions

California Court of Appeal May 9, 1946 No. Civ. 14955Published

Before: York

AI Brief

AI-generated · verify before citing

Holding. The court held that the arbitrator exceeded his authority by interpreting the "work week" as seven days, as this interpretation directly conflicted with the express terms of the collective bargaining agreement which established a five-day work week. Consequently, the trial court properly vacated the arbitration award.

Issues

Did the arbitrator exceed his powers by interpreting the "work week" in a manner that conflicted with the express provisions of the collective bargaining agreement?
Was the trial court correct in vacating the arbitration award under section 1288(d) of the Code of Civil Procedure?

Disposition. affirmed

Quotations verified verbatim against the opinion

“the arbitrator exceeded his powers in going outside the agreement to find a definition of the work week and that the award made by him was in conflict with express provisions of the Bargaining Agreement”

“in construing the work week to include Saturday, the arbiter’s ruling was in direct conflict with the express terms of the bargaining contract”

YORK, P. J.

This is an appeal by Screen Cartoonists Guild, Local 852 (hereinafter referred to as the “union”), from an order denying their motion to.confirm an arbitrator’s award and granting the motion of Walt Disney Productions (hereinafter referred to as the “company”), to vacate such award.

[415]

Under date of October 6, 1942, the union and the company entered into a collective bargaining agreement, clause eleventh of which provided that employees, who worked on certain specified holidays, should receive time and one-half therefor, and “If not worked, these holidays, if they fall within the work week, will be paid for at straight time.”

Clause fifth of said agreement specified that the regular hours of work for employees should be “Eight hours per day, forty hours per week, five days per week, Monday through Friday, inclusive. ...”

Christmas Day, 1943, and New Year’s Day, 1944, both fell on Saturdays, and no work was performed by the employees on those days. The union claimed that the employees were entitled to pay on the ground that the work week was seven days; the company claiming that they were not entitled to pay because the work week was five days, Monday to Friday, inclusive. The matter was made a grievance under the terms of the agreement, and was ultimately submitted to arbitration in accordance with clause thirteenth thereof which provides in part as follows:

“4. All complaints, grievances, controversies, disputes, questions of interpretation of this agreement and all other differences between the parties hereto, shall be heard and determined by the Impartial Chairman (arbiter), if the same cannot in the first instance be otherwise disposed of under provisions hereof between the parties hereto. Said Impartial Chairman shall have power to make and enter any order, ruling or decree which in its judgment appears to be just and reasonable, having due regard for justice and equity in each case;

such ruling or decree, however, shall not be in conflict with the express provisions of this agreement.

“5.

... Each case brought to the Impartial Chairman shall be considered on its own merits, and

Screen Cartoonists Guild, Local 852 v. Walt Disney Productions

AI Brief

YORK, P. J.

More from California Court of Appeal

Related research

AI Brief