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JOHNSON v. INTERN. UNION LOCAL NO. 23

No. 86-3781.

828 F.2d 961 (1987)

Robert L. JOHNSON, Keith A. Smith, Richard E. Davis, Ann McFadden, Wanda M. Anderson, and All Others Similarly Situated, Appellants, v. UNITED FOOD AND COMMERCIAL WORKERS, INTERNATIONAL UNION LOCAL NO. 23, Formerly Local No. 590; Jack Draper; Richard J. Lutz; United Food and Commercial Workers International Union, A.F.L.-C.I.O., C.L.C.; Alan Lee; and the Great Atlantic & Pacific Tea Company, Appellees.

United States Court of Appeals, Third Circuit.

Decided September 17, 1987.

Attorney(s) appearing for the Case

Michael D. Buchwach, Specter & Buchwach, P.C., Pittsburgh, Keith M. Pemrick, Dale, Woodward, Montgomery & White, Franklin, Pa., for appellants.

Leonard L. Scheinholtz, William Bevan III, Robert F. Prorok, David J. McAllister, Reed Smith Shaw & McClay, Pittsburgh, Pa., for The Great Atlantic & Pacific Tea Co., Inc.

Richard Roesel, Peter J. Ford, United Food & Commercial Workers Intern. Union, Washington, D.C., Joseph M. Maurizi, Maurizi & Cutruzzula, Pittsburgh, Pa., for the Union appellees.

Before GIBBONS, Chief Judge, and WEIS and ALDISERT, Circuit Judges.

Submitted Pursuant To Third Circuit Rule 12(6) June 22, 1987.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal plaintiff employees contend that they are not bound by an arbitrator's unfavorable decision, despite their union's voluntary submission of a dispute to him. We conclude that the union had authority to arbitrate the question of the existence of a collective bargaining agreement even though the matter could have been litigated. We...

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