Librascope Inc. v. Precision Lodge No. 1600, International Ass'n of MacHinists

VALLÉE, J.

Richard Wymer appeals from a judgment confirming an award of an arbiter.

On September 3,1958, Librascope, Inc., and Precision Lodge Number 1600 entered into a written collective bargaining agreement which contained a provision for the settlement of controversies between Librascope and its employees by arbitration.

Wymer was employed by Librascope as a machinist. Robert Levan was employed as his leadman. On January 3, 1959, an argument developed between Wymer and Levan during working hours about a possible theft of another employee’s indicator arm. A fight between Wymer and Levan followed. Wymer was discharged by Libraseope. A controversy arose between Precision and Librascope as to whether Wymer was wrongfully discharged. Librascope and Precision submitted the matter to arbitration. The issue before the arbiter was, “Did the Company violate the collective bargaining Agreement in discharging Richard Wymer?”

The collective bargaining agreement provided: “The arbiter shall render a decision or award within ten days from the date of the conclusion of the hearings unless the Company and the Union agree to give him an extension of time prior to the conclusion of the hearing.”

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The agreement also provided: “Any of the periods within which any of the acts required in this agreement are to be performed may be extended by mutual consent of both parties. ’ ’

The hearings were concluded on March 14, 1959. The arbiter made his award on April 21, 1959, reading: “The Company did not violate the collective bargaining Agreement in discharging Richard Wymer.” The award was acknowledged by the arbiter on June 16,1959.

On June 26, 1959, Librascope filed a verified application for an order confirming the award. The application alleged: “Arbitration hearings were completed on March 14, 1959. Thereafter, by mutual consent of the parties to the arbitration proceeding, the time within which the Arbitrator might render an award was, by mutual consent, extended to and including April 21, 1959. Said mutual consent was oral and not in writing.” Precision did not answer the application or appear in the proceedings for confirmation. On August 6, 1959, Wymer, without leave of court, filed an answer. He alleged Precision had refused to answer the application. On information and belief, he denied the allegation of the application that the time within which the arbiter might render an award was by mutual consent extended to and including April 21, 1959. He alleged that because the award was not acknowledged until June 16, 1959, it was void and the court had no jurisdiction to confirm it.