SWEENEY, Chief Judge.
This is an action under Section 301 (a) of the Labor Management Relations Act, 29 U.S.C.A. § 185(a), for specific performance of the arbitration clause of the collective bargaining agreement between these parties. There are before me now a plaintiff's motion for summary judgment, a defendant's motion to dismiss for lack of jurisdiction, and a defendant's motion for leave to file an answer to the complaint.
The complaint, which was originally filed in the U. S. District Court for the District of Maryland, and transferred to this Court by stipulation of the parties, alleges that the plaintiff Union and the defendant Quinn
The defendant's motion for leave to file an answer is denied. The parties agreed before Judge Thompson in Baltimore that the case was ready for final decision on the complaint, the stipulated facts, and the motion to dismiss. Nothing has changed since then.
The questions presented by the motions to dismiss and for summary judgment are identical—whether the dispute is arbitrable and whether the court has jurisdiction of the subject matter.
The defendant apparently does not contest that this controversy is arbitrable and I find that it is. The general rule has been stated to be that a grievance is arbitrable where it is specifically contracted to be arbitrable or generally where the contract expresses a broad arbitration policy; but controversies are not arbitrable where the controversy in question is specifically or impliedly excluded and where the grievance concerns violation of a "no strike clause". Lodge No. 12, Dist. No. 37, International Association of Machinists v. Cameron Iron Works, 5 Cir., 1958, 257 F.2d 467, 471.
In this case the arbitration clause is even broader and more inclusive than the usual so-called general arbitration clause. It provides for arbitration of "any disagreement, dispute, complaint, or grievance concerning any matter pertaining to the relations between Union members and operators," and it clearly includes the grievance here asserted.
The principal argument advanced by the defendant in support of the motion
But Congress granted to the district courts jurisdiction to determine suits for violation of contracts, and the Supreme Court in Textile Workers Union of America v. Lincoln Mills, 1957, 353 U.S. 448, 77 S.Ct. 912, 1 L.Ed.2d 972 established not only that the court has the power under Section 301 to decree specific performance of agreements to arbitrate, but that this power is to be exercised broadly and liberally. Therefore and because the Board's jurisdiction is limited to the effectuation of the purposes of the Act,
The defendant argues against the application of these principles to this case on the ground that in this case the real dispute is between the two unions, and that an arbitrator's award in favor of this plaintiff may result in forcing it to break its contract with Local 653. But this argument ignores the fact that the parties by contract agreed
The motion to dismiss is denied. The plaintiff's motion for summary judgment is allowed as prayed for.