promoting industrial stabilization through settlement of labor disputes by arbitration which would render ineffective the agreement of the parties to arbitrate the threshold question of arbitrability. Metal Products Workers Union, Local 1645 v. Torrington Co., 242 F. Supp. 813, 820 (D.Conn.1965).
Because I find that the dispute between the parties was arbitrable within the provisions of the Collective Bargaining Agreement, and has been found to be arbitrable by the arbitrator upon a consent submission of that issue by the parties, this court will not review the arbitrator's decision upon the merits. United Steelworkers of America v. Warrior & Gulf Navigation Co., supra at 585; United Steelworkers of America v. Enterprise Wheel & Car Corp., 1960, 363 U.S. 593, 596, 80 S. Ct. 1358, 4 L. Ed. 2d 1424 (1960).
F.R.Civ.P. 56, under which the pending motion of the defendant for Summary Judgment is made, requires (c) that it be shown by the movant that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
There is no genuine issue of material fact confronting me on this motion because I am called upon only to determine whether the dispute between the parties alleged in the complaint is arbitrable within the meaning of the provisions of the Collective Bargaining Agreement between the parties. I have concluded that the dispute is arbitrable. Since the dispute is arbitrable the decision of the arbitrator upon the merits becomes, by the terms of the Collective Bargaining Agreement, final and binding upon the parties. The Federal Arbitration Act, 9 U.S.C. § 2 provides that a written provision in a contract to settle by arbitration a controversy thereafter arising out of such contract or an agreement in writing to submit to arbitration an existing controversy arising out of such contract shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract. This court's power to vacate an award made in an arbitration is derived from § 10 of the same title and is limited to the following grounds: "(a) Where the award was procured by corruption, fraud or undue means; (b) Where there was evident partiality or corruption in the arbitrators * * *; (c) Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any parties have been prejudiced; (d) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made."
None of the grounds urged by the plaintiff in opposition to this motion discloses any basis for the vacation of the arbitrator's award. Upon the record submitted, there is no basis for finding that the arbitrator exceeded his powers or failed and refused to consider pertinent and material evidence, or that the award is so imperfect and indefinite as to be incapable of finality, or that the arbitrator abused his discretion by making a finding of fact unsupported by the evidence, or based his decision upon erroneous evidence, or that the award contained insoluble contradictions and inconsistencies. That the arbitration took place during the life of the Collective Bargaining Agreement does not impair the validity of the award. However, having found that the parties contracted to arbitrate with finality the disputes submitted, and that the Collective Bargaining Agreement did not remove from the field of arbitration the question of the arbitrability of the dispute, I do not reach nor will I pass upon the sufficiency of the evidence to support the arbitrator's award. Accordingly, the motion of the defendant for Summary Judgment will be granted and an appropriate Order may be submitted.
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