United Aircraft Corp. v. Lodge 971 of the International Ass'n of Machinists (360 F.2d 150, 1966)

JONES, Circuit Judge:

Lodge 971 of the International Association of Machinists, the appellee, herein called the union, and United Aircraft Corporation, the appellant, herein called the company, entered into a labor-management agreement on July 16, 1962. The union brought an action against the company seeking a mandatory injunction to require the company to arbitrate a grievance, with jurisdiction asserted under Section 301 of the Labor Management Relations Act. 29 U.S.C.A. § 185. By the complaint the union sought to compel arbitration of a grievance submitted by and on behalf of Joseph Everett. To the complaint was annexed a copy of the grievance form which stated the grievance to be that “The company violated the agreement when I was reduced from Labor Grade 3 to Labor Grade 5.” Also annexed to the complaint is a copy of the agreement which provides, among other things, for the submission to arbitration of a number of specifically enumerated classes of grievances. By the agreement, in Subsections (c) and (e) of Section 4 of Article V of the agreement, limitations were placed upon the matters subject to compulsory arbitration. In addition to the matters set forth in Subsections