Amalgamated Transit Union v. San Diego Transit Corp.

Opinion

WIENER, J. The The sole issue presented in this appeal is whether the court applied proper methodology in denying the Union’s petition to compel arbitration. We conclude it did not. In reaching the merits of the Union’s claim, the court failed to limit itself to the circumscribed role of passing only on the question of whether the claim on its face was covered by the arbitration provisions of the collective bargaining agreement. Accordingly, we reverse the order and instruct the court to compel arbitration in accordance with the agreement.

The San Diego Transit Corporation (Employer) operates the bus system in San Diego. Many bus drivers in the system are members of the Amalgamated Transit Union, AFL-CIO, Local Division 1309 (Union). On January 1, 1976, the parties entered into a collective bargaining agreement effective through December 31, 1978. The agreement includes the following:

“Section 3—Management Prerogatives

“A. The management of operations, including the type and kind of service to be rendered to the public and the equipment used, the number of employees, the maintenance of discipline and efficiency,. . . the discharge or discipline for proper cause and in accordance with the terms of this Agreement, are the sole responsibilities of the Corporation, except that any employee discharged or disciplined, shall have recourse through the grievance and arbitration procedure.

“B. It is recognized that the Corporation’s rule book and bulletins are necessary, but that said recognition is not to be construed as meaning that said rule book and/or bulletins are a part of this contract. No [877]rule or bulletin promulgated or enforced by the Corporation shall be valid if they violate any provision of this Agreement. (Italics added.)

“C. Union, having a grievance under Section 3B has recourse through the grievance and arbitration procedure. (Italics added.)

“Section 5 (D). A grievance or dispute pertaining only to the interpretation or application of the terms of this Agreement that is not satisfactorily settled shall be submitted to arbitration upon the Union’s written request.. ..(Italics added.)

“Section 6.. . .The majority decision of the [arbitration] board shall be final and binding upon the parties.