Charles Evans Whittaker

“ Being unable to persuade the employer to agree to cease contracting out work or to agree to arbitrate the 'grievance,' the union brought this action in the District Court, under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, 29 U.S.C.A. § 185, for a decree compelling the employer to submit the 'grievance' to arbitration. ”

“ Here the District Court found, and the Court of Appeals approved its finding, that by the terms of the contract, as interpreted by the parties over 19 years, the contracting out of work was 'strictly a function of management' and 'not subject to arbitration.' That finding, I think, should be accepted here. Acceptance of it requires affirmance of the judgment.
I agree with the Court that courts have no proper concern with the 'merits' of claims which by contract the parties have agreed to submit to the exclusive jurisdiction of arbitrators. ”

“ Cambridge Springs, 200 Pa. 230, 49 Atl. 772, that power to pass upon the subject-matter is clearly given to him. 'The terms of the agreement are not to be strained to discover it. They must be clear and unmistakable to oust the jurisdiction of the courts; for trial by jury cannot by taken away by implication, merely, in any case. ”