For the petitioner, Cherny & Levine.
For the defendant, Arthur T. Vanderbilt and G. Dixon Speakman.
Before Justice Bodine (at chambers under the statute).
BODINE, J. The petitioner in this case seeks an order under R.S. 2:40-12 to require the performance of a written agreement providing for arbitration. The facts in the case were stipulated as follows:
"1. Defendant is and has been during all the times concerned in this controversy a corporation of the State of West Virginia, having a license to do business in the State of New Jersey and having a place of business in New Jersey, namely a manufacturing plant, at 970 New Brunswick Avenue, Rahway, New Jersey.
"2. Petitioner is the duly authorized, certified and recognized collective bargaining agent of the production and maintenance employees of the defendant at its Rahway, New Jersey, manufacturing plant.
"3. On the 30th day of October, 1945, Petitioner and Defendant entered into a collective bargaining agreement in
effect up to August 1st, 1946, relating to rates of pay, wages, hours of work, and other conditions of employment governing the Defendant's aforesaid employees, * * *.
"4. Section 21, sub-sections (b) and (c) of said collective bargaining agreement provide as follows:
"'(b) The Company agrees to increase the rate of each employee and of all rate ranges by the sum of five cents (5c) per hour on October 1st, 1945; by a further sum of five cents (5c) per hour on December 1st, 1945; and by a further sum of five cents (5c) per hour on February 1st, 1946.
"'(c) Subject to the conditions and limitations hereinafter set forth, the Company agrees to increase the rate of each employee and of all rate ranges by a further sum of five cents (5c) per hour on April 1st, 1946, and by a further sum of five cents (5c) per hour on June 1st, 1946. However, it is expressly understood and agreed that unless, by March 1st, 1946, the Company's volume of business for billing to its customers on goods manufactured or produced at the Company's plant at Rahway, N.J., then averages $291,000 per month or more, the Company has the right to reopen the question as to whether or not the aforesaid increases of five cents (5c) per hour pertaining to April 1st, 1946, and of five cents (5c) per hour pertaining to June 1st, 1946, shall become effective. If the Company exercises its right to reopen the said question as aforesaid, by written notice to the Union or before April 1st, 1946, such additional five-cents-per-hour increase pertaining to April 1st, 1946, and such additional increase of five cents (5c) per hour pertaining to June 1st, 1946, shall not become effective; and the wage provisions of this Agreement which pertain to the April 1st, 1946, five-cents-per-hour increase and to the June 1st, 1946, five-cents-per-hour increase shall be deemed reopened subject to renegotiation with the Union with respect thereto.'
"5. By March 1st, 1946, Defendant's volume of business for billing to its customers of goods manufactured or produced at Defendant's plant at Rahway, N.J., ...