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United Electrical v. Kidde

Decided: February 6, 1948.

UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C.I.O., TOOL, DIEMAKERS AND MACHINISTS LOCAL NO. 420, PROSECUTOR,
v.
WALTER KIDDE & COMPANY, INC., DEFENDANT



On application for writ of certiorari.

For the prosecutor, Rothbard, Harris & Oxfeld (Samuel L. Rothbard, Emil Oxfeld and Abraham L. Friedman, of counsel).

For the defendant, Lum, Fairlie & Foster (Joseph J. Biunno, of counsel).

Before Justices Donges, Colie and Eastwood.

Eastwood

The opinion of the court was delivered by

EASTWOOD, J. This is an application for a writ of certiorari to review the determination of former Supreme Court Justice Parker, refusing to make an order under R.S. 2:40-12, directing the parties to arbitrate their differences regarding a general wage increase. The facts have been stipulated. In so far as they are pertinent here, they are as follows:

On November 16th, 1945, the prosecutor and defendant entered into a collective labor agreement relating to rates of pay, wages and hours of work and other conditions of employment governing the defendant's employees. The agreement was to be effective for a period of one year, and was

automatically renewable from year to year thereafter unless revised, modified or terminated as provided in the agreement.

Article V, paragraph 1 (a) of the agreement provides as follows:

"The Company shall maintain throughout the term of this Agreement the following rates of pay:

Grade Minimum ...


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