266 F. Supp. 868 | E.D. Pa. | 1966
OPINION
Plaintiff, Highway Truck Drivers and Helpers Local 107 (Union), instituted this suit
The facts which appear of record may be briefly stated:
On June 23,1965, Employer discharged approximately
The only dispute here is over the interpretation of the contract between the parties. There are no material facts in issue and the matter is, therefore, ripe for disposition by summary judgment.
Union contends that it is entitled to the contributions because of the wording of Section 3 of Article 44 of the Agreement which provides as follows:
“If an employee is discharged or suspended as provided for in this Ar-tide, pending final disposition of said discharge or suspension, the Employer shall continue to make the required contribution for Health and Welfare, Pension and life insurance, if any.” (Emphasis supplied.)
Employer contends that the quoted provision is, by its terms, limited to discharges under Article 44, that the discharges in this case were not pursuant to that Article, but were made instead pursuant to the power given to Employer by, and are subject to the terms of, Article 43 which contains no comparable provision for contributions to Benefit Funds following discharge.
It is clear from a review of the Agreement, particularly Articles 43 and 44, that the safeguards and benefits afforded Union members in Article 44 were not designed or intended for those discharged for participating in unauthorized strikes. The whole design of 44 is to protect an employee against unmerited discharge. It provides that discharge may be only for cause and upon notice to the employee and to Union; that except for enumerated
“ * * * it is specifically understood and agreed that the Employer during the first twenty-four (24) hour period of such unauthorized work stoppage shall have the sole and complete right of reasonable discipline short of discharge and such Union members shall not be entitled to or have any recourse to any other provisions of this Agreement. After the first twenty-four (24) hour period of such stoppage * * * the Employer shall have the sole and complete right to immediately discharge any Union member participating in any unauthorized * * * [work stoppage] and such Union members shall not be entitled to or have any recourse to any other provision of this Agreement.”
There is no mistaking the intention of the parties as expressed in Article 43. Unauthorized work stoppages were condemned as striking at the very heart of the Agreement between Employer and Union. To discourage such stoppages the parties provided the dual penalties of immediate disciplinary action by Employer and the withholding of benefits and protections otherwise available to Union members under other terms of the Agreement. Employer’s right is “sole and complete,” the discharge contemplated is immediate and final. There is nothing tentative about the discharge, no period during which “final disposition” is “pending.” Under such circumstances there was not the reason for the parties to provide for continuity of contributions “pending final disposition” as there was in Article 44. Indeed, it would have been contrary to the expressed intention of the parties if the severe economic sanction of immediate discharge had been tempered by requiring contributions to be made for the account and for the benefit of the transgressors. Nowhere in the Agreement do I find evidence of intent so to temper the penalty.
As a matter of law, under the terms of the Agreement between the parties, Union is not entitled to recover contributions to Benefit Funds for members participating in an unauthorized work stoppage for any period following the date of their discharge for such participation. Union’s motion for summary judgment will, therefore, be denied and judgment will, instead, be entered in favor of Employer.
. Filed originally as an action for declaratory judgment, but amended without objection by defendant and with court approval to recover a money award. The court has jurisdiction under Section 301 (a) of suits by Unions on behalf of its members to recover pension and welfare payments. See discussion and citations of authority in United Steelworkers of America v. Copperweld Steel Co., 230 F. Supp. 383 (W.D.Pa.1964). See also United Construction Workers UMW v. Electro Chemical Engraving Co., 175 F. Supp. 54 (S.D.N.Y.1959).
. There is a dispute as to the exact number. Plaintiff’s complaint alleges 120, defendant’s answer claims 118. For the purpose of deciding the question raised by the motion for summary judgment, the precise number is not material.
. Calling an unauthorized strike; drinking during working hours; proven theft or dishonesty ; unprovoked assault on Employer or on Employer’s representative during working hours ; carrying unauthorized passengers in Employer’s vehicle.