PENNSYLVANIA POWER CO. v. LOCAL UNION NO. 272

No. 89-3036.

886 F.2d 46 (1989)

PENNSYLVANIA POWER COMPANY, Appellant, v. LOCAL UNION # 272 OF the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO; the International Brotherhood of Electrical Workers, AFL-CIO.

United States Court of Appeals, Third Circuit.

Decided September 22, 1989.


Attorney(s) appearing for the Case

Edward N. Stoner, II (argued), David J. McAllister, Reed Smith Shaw & McClay, Pittsburgh, Pa., Harry A. Flannery, Pennsylvania Power Co., New Castle, Pa., for appellant.

Marianne Oliver (argued), Pittsburgh, Pa., for appellee.

Before BECKER, STAPLETON, and ROSENN, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal from a summary judgment in favor of Local Union No. 272 and the denial of Pennsylvania Power Co.'s cross motion challenges a labor arbitrator's ruling on the arbitrability of a wage rate dispute. We conclude that the arbitrator exceeded the scope of his authority and we will accordingly reverse.

I.

The facts are not in dispute. In April 1986, Pennsylvania Power Corp. (Penn Power...

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