Judge Joseph Bianco
Respondent labor union sought arbitration of claims that Pick Quick Foods denied Colarusso overtime and premium pay, and other entitlements, contrary to their collective bargaining agreement (CBA). After state supreme court granted Pick Quick a stay of arbitration, the union removed suit to district court and sought to compel arbitration. Discussing The Players v. Local 6 of Hotel, Restaurant and Club Employees and Bartenders Union, the court granted respondent labor union's motion. Despite Pick Quick's assertion that Colarusso was a "meat supervisor" excluded by the terms of the CBA, the court found it uncontroverted that the CBA covers union members who are employees of Pick Quick—which Colarusso was—and that the CBA's broad arbitration clause clearly stated that all disputes about the interpretation, application or enforcement of any CBA provision were to be resolved by arbitration. Finding certain exclusionary language not present in the CBA the court found Pick Quick's "meat supervisor"-exclusion arguments not so indisputable so as to eliminate the presumption of arbitrability. Under the circumstances, the arbitrator should determine if Colarusso is a "supervisor" and if so, whether such status exempts him from the CBA.
