In re the Arbitration between Davis & Adelphi Hospital

Appellate Division of the Supreme Court of New York

In re the Arbitration between Davis & Adelphi Hospital

40 A.D.2d 520, 334 N.Y.S.2d 202, 1972 N.Y. App. Div. LEXIS 4039

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

DecidedJuly 5, 1972

StatusPublished

This text of 40 A.D.2d 520 (In re the Arbitration between Davis & Adelphi Hospital) 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.

Bluebook

In re the Arbitration between Davis & Adelphi Hospital, 40 A.D.2d 520, 334 N.Y.S.2d 202, 1972 N.Y. App. Div. LEXIS 4039 (N.Y. Ct. App. 1972).

Pincite

Opinion

Proceeding pursuant to section 716 (subd. 6, par [b]) of the Labor Law to confirm an arbitration award. Application granted, without costs. Settle order on five days’ notice. In our opinion, the representation issue was finally determined by the prior proceedings before the Labor Board and this court. In view of respondent’s protracted and uninterrupted refusal to bargain with the petitioner labor union, the prior determination of the Labor Board that such conduct constituted an unfair labor practice, and respondent’s contempt of this court’s order of October 26, 1970 (see Matter of Davis [Adelphi Hosp.], 35 A D 2d 737), we do not think it was necessary for the union to file another unfair labor practice charge to activate the arbitration provisions of section 716 of the Labor Law. There was substantial evidence in the record to provide a reasonable basis for the award (Mount St. Mary’s Hosp. of Niagara Falls v. Catherwood, 26 N Y 493, 508). Hopkins, Acting P. J., Latham, Shapiro, Gulotta and Christ, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to section 716 (subd. 6, par [b]) of the Labor Law to confirm an arbitration award. Application granted, without costs. Settle order on five days’ notice. In our opinion, the representation issue was finally determined by the prior proceedings before the Labor Board and this court. In view of respondent’s protracted and uninterrupted refusal to bargain with the petitioner labor union, the prior determination of the Labor Board that such conduct constituted an unfair labor practice, and respondent’s contempt of this court’s order of October 26, 1970 (see Matter of Davis [Adelphi Hosp.], 35 A D 2d 737), we do not think it was necessary for the union to file another unfair labor practice charge to activate the arbitration provisions of section 716 of the Labor Law. There was substantial evidence in the record to provide a reasonable basis for the award (Mount St. Mary’s Hosp. of Niagara Falls v. Catherwood, 26 N Y 493, 508). Hopkins, Acting P. J., Latham, Shapiro, Gulotta and Christ, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

40 A.D.2d 520, 334 N.Y.S.2d 202, 1972 N.Y. App. Div. LEXIS 4039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-davis-adelphi-hospital-nyappdiv-1972.