The opinion of the court was delivered by: TIMBERS
In this action arising under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1964), invoking remedies pursuant to Section 4 of the United States Arbitration Act, 9 U.S.C. § 4 (1964), the union's petition filed January 3, 1968 to compel arbitration, pursuant to a collective bargaining agreement between the parties, of a dispute resulting from the company's notifying a substantial number of production and maintenance employees in a bargaining unit engaged in the manufacture of semiconductor rectifiers not to report for work on July 3, 1967, presents essentially the following questions:
(1) Whether the dispute resulting from the company's notifying approximately 85% of the production and maintenance workers at its Auburn, New York, plant not to report for work on July 3, 1967 is subject to arbitration pursuant to the arbitration clause in the collective bargaining agreement?
(2) Whether the summary remedies of the United States Arbitration Act are available in this action arising under Section 301 of the Labor Management Relations Act?
After holding a hearing at Syracuse on January 8, 1968 and upon consideration of the oral arguments, the petition, the answer, the affidavits, the exhibits and the extraordinarily helpful briefs submitted by able counsel on both sides, the Court concludes that the dispute between the parties is subject to arbitration under the agreement; that the remedies of the Arbitration Act are available in this action under the Labor Management Relations Act; and, accordingly, that the union is entitled to an order granting its petition to compel arbitration.
The Court makes the following findings of fact and conclusions of law in support of its order compelling arbitration.
(1) Petitioners, International Association of Machinists and Aerospace Workers (AFL-CIO) and Auburn Electronics Local 967, International Association of Machinists and Aerospace Workers (AFL-CIO) (hereinafter, "the union"), are labor organizations within the meaning of Sections 101 and 301 of the Labor Management Relations Act, 29 U.S.C. §§ 152 and 185 (1964) (hereinafter, "the LMRA").
(2) Respondent, General Electric Company (hereinafter, "the company") is an employer in an industry affecting commerce within the meaning of Sections 101 and 301 of the LMRA.
(3) On November 10, 1966, the company and the union executed a collective bargaining agreement (hereinafter, "the agreement") effective for the period from October 20, 1966 through October 26, 1969.
(4) Relevant provisions of the agreement are set forth in the margin as follows: ARTICLE IV, WORKING HOURS;
ARTICLE XII, REDUCING AND INCREASING FORCES;
and ARTICLE XVI, ARBITRATION.
(5) On June 26, 1967, the company's plant newspaper (S-P-D Headliner) carried the following announcement:
"FOUR-DAY WEEKEND FOR MANY AUBURN EMPLOYEES
July 4 - next Tuesday - is the fourth of eight paid holidays which eligible Auburn SPD employees will enjoy this year. In addition . . .
A four-day weekend over the Fourth of July lies in store for most hourly-paid employees at the Auburn plant. Many salaried employees may wish to take advantage of the same situation. Most hourly employees will not work next Monday, July 3. Hourly employees are requested not to report to work on that day unless specifically requested to do so by their supervisor.
This one-day halt in production activities will provide our business with an excellent opportunity to readjust inventories to meet our current product order levels. And although Monday will be taken off without pay, it is hoped that this policy will satisfy the many employees who have requested that the Fourth of July holiday weekend be extended to four days.
All salaried employees will work a normal work day on Monday, July 3, unless specific arrangements have been made otherwise ...