John Wiley & Sons, Inc. v. Livingston - 376 U.S. 543 (1964)
U.S. Supreme Court
John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543 (1964)
John Wiley & Sons, Inc. v. Livingston
Argued January 9, 13, 1964
Decided March 30, 1964
376 U.S. 543
Respondent labor union brought an action under § 301 of the Labor Management Relations Act to compel arbitration under a collective bargaining agreement executed by a company which the petitioner acquired by merger. The District Court denied relief, but the Court of Appeals reversed and directed arbitration.
3. Rights of employees under a collective bargaining agreement are not automatically lost by the disappearance by merger of the employer, and, in appropriate circumstances, the successor employer may be required to arbitrate under the contract. P. 376 U. S. 548.
4. Arbitration has a key role in effectuating national labor policy, and when there is substantial continuity of identity in the business enterprise and a clear assertion by the union of rights under the agreement, the duty to arbitrate survives the merger. Pp. 376 U. S. 549-551.
5. Procedural questions growing out of a dispute and bearing on its disposition are to be determined by the arbitrator. Pp. 376 U. S. 555-559.
313 F.2d 52, affirmed, in part on other grounds.