In re the Arbitration between Blamowski & Munson Transportation, Inc.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Blamowski & Munson Transportation, Inc.

233 A.D.2d 846, 649 N.Y.S.2d 853, 1996 N.Y. App. Div. LEXIS 13311

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 8, 1996

StatusPublished

This text of 233 A.D.2d 846 (In re the Arbitration between Blamowski & Munson Transportation, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Arbitration between Blamowski & Munson Transportation, Inc., 233 A.D.2d 846, 649 N.Y.S.2d 853, 1996 N.Y. App. Div. LEXIS 13311 (N.Y. Ct. App. 1996).

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Opinion

Judgment unanimously reversed on the law without costs, petition dismissed, cross petition granted and award vacated. Memorandum: Supreme Court erred in granting the petition to confirm the arbitration award. Because there was only one unit employee employed on a permanent basis by respondent, it was free to terminate petitioner and was not bound by the collective bargaining agreement to arbitrate the grievance (see, Stack Elec., 290 NLRB 575).

There is no merit to the contention that respondent waived its right to challenge the arbitration. Respondent did not participate in the selection of an arbitrator or in any of the arbitration proceedings, and the demand for arbitration did not fulfill the requirements of CPLR 7503 (c) (see, Matter of Calvin Klein Co. [Minnetonka, Inc.], 88 AD2d 503, 504). (Appeal from Judgment of Supreme Court, Erie County, Whelan, J.—Arbitration.) Present—Denman, P. J., Lawton, Fallon, Doerr and Balio, JJ.

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Judgment unanimously reversed on the law without costs, petition dismissed, cross petition granted and award vacated. Memorandum: Supreme Court erred in granting the petition to confirm the arbitration award. Because there was only one unit employee employed on a permanent basis by respondent, it was free to terminate petitioner and was not bound by the collective bargaining agreement to arbitrate the grievance (see, Stack Elec., 290 NLRB 575).

There is no merit to the contention that respondent waived its right to challenge the arbitration. Respondent did not participate in the selection of an arbitrator or in any of the arbitration proceedings, and the demand for arbitration did not fulfill the requirements of CPLR 7503 (c) (see, Matter of Calvin Klein Co. [Minnetonka, Inc.], 88 AD2d 503, 504). (Appeal from Judgment of Supreme Court, Erie County, Whelan, J.—Arbitration.) Present—Denman, P. J., Lawton, Fallon, Doerr and Balio, JJ.

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Bluebook (online)

233 A.D.2d 846, 649 N.Y.S.2d 853, 1996 N.Y. App. Div. LEXIS 13311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-blamowski-munson-transportation-inc-nyappdiv-1996.

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