Thompson v. Elliott Precision Block Co.

CONLEY, J.* This is an appeal from an order denying appellant’s juridical request for an order directing arbitra[762]tion pursuant to section 1281.2 of the Code of Civil Procedure, which provides in part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, ...”

The petitioner is a resident of the County of San Bernardino and an officer (secretary) and member of General Truck Drivers and Helpers Union, Local 467; he filed the petition in a representative capacity. The organization is hereafter referred to as “the Union.” Elliott Precision Block Co., herein called “the Company,” is a California corporation.

On or about December 14, 1961, the Union and the Company entered into a written collective bargaining agreement effective as of December 1, 1961; it contains a provision (§ XVI) which requires arbitration in case of a dispute over the interpretation of the contract, which reads in part as follows:

“. . . In case of dispute between the parties of this Agreement over the interpretation of this contract, a reasonable effort will be made by the Employer and representative of the Union to straighten out the dispute. If, after 7 days, the employer and representative fail to reach a satisfactory agreement, a committee of three people shall be appointed to represent the employer and a like committee from the Union. If this committee fails to reach a satisfactory conclusion within 7 days, a seventh disinterested party, agreeable to both sides, shall be selected, and a decision of the majority of the whole shall be final and binding upon both parties. Should the Employer and the Union fail to agree upon the selection of the seventh disinterested party to serve on the committee, a request to the Federal Conciliation office for a list of persons to serve will be made.”

A previous collective bargaining agreement terminated on or about October 1, 1961. The Union asks arbitration of its claim that the Company has violated the contract by refusing to rehire one of its members, Robert Gierman, in proper order of seniority. Gierman was formerly employed by the Company, but ceased work, without being discharged, on October 23, 1961; since that time the Company has refused to reemploy him, although as the Union points out the agreement provides that “Company seniority shall prevail in the permanent lay off and re-employment of all drivers. ’ ’