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In re Target Rock Corp.

UNITED STATES COURT OF APPEALS, SECOND CIRCUIT.


April 29, 1977

MATTER OF TARGET ROCK CORP., PLAINTIFF-APPELLANT
v.
INTERNATIONAL UNION OF ELECTRICAL, RADIO & MACHINE WORKERS, AFL-CIO, DEFENDANTS-APPELLEES.

Author: Mansfield

Before MANSFIELD, Circuit Judge, PALMIERI and SMITH, District Judges.

MANSFIELD, C. J., PALMIERI, D. J., SMITH, D. J.: On Consideration Whereof, it is now hereby ordered, adjudged, and decreed that the order of said District Court compelling arbitration is affirmed.

In view of the strong policy favoring arbitration, United Steelworkers of America v. American Mfg. Co., 363 U.S. 564 (1960), any doubts as to arbitrability must be resolved "in favor of coverage," International Association of Machinists and Aerospace Workers v. General Electric Co., 406 F.2d 1046 (2d Cir. 1969). The medical insurance issues were subject to collective bargaining between the parties in the negotiations leading to the collective bargaining agreement, and the medical insurance agreement has stated that it is "supplemental to" that agreement. Moreover, in May 1975, the parties signed a "Stipulation of Agreement" renewing the collective bargaining agreement, which stated that the latter was amended to provide "coverage pursuant to the program outlined in the bargain". Thus the arbitrability of the issues, including the question of whether they have jurisdiction to resolve the medical coverage issue leading to the present dispute, must be referred to the arbitrators, who are empowered to resolve disputes arising between the parties "over the application or interpretation of this agreement...."

19770429

© 1998 VersusLaw Inc.



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