In re the Arbitration between Publishers' Association & Newspaper & Mail Deliverers' Union of New York & Vicinity

Appellate Division of the Supreme Court of New York

In re the Arbitration between Publishers' Association & Newspaper & Mail Deliverers' Union of New York & Vicinity

9 A.D.2d 751, 193 N.Y.S.2d 111, 1959 N.Y. App. Div. LEXIS 5909

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

DecidedNovember 19, 1959

StatusPublished

This text of 9 A.D.2d 751 (In re the Arbitration between Publishers' Association & Newspaper & Mail Deliverers' Union of New York & Vicinity) 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 Publishers' Association & Newspaper & Mail Deliverers' Union of New York & Vicinity, 9 A.D.2d 751, 193 N.Y.S.2d 111, 1959 N.Y. App. Div. LEXIS 5909 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order unanimously affirmed, on the law, with $20 costs and disbursements to petitioner-respondent. The dispute between the parties is not one that is arbitrable under this contract. The only nexus between the employees on whose behalf arbitration is sought, and the New York Mirror, from whom they seek relief, is subdivision B of section 12. However, that subdivision read in context with the entire section clearly indicates that it was never intended to apply to a dispute between employees of a distributor who had a separate collective bargaining agreement with this very union and such construction has been clearly borne out by the course of conduct of the union. Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Order unanimously affirmed, on the law, with $20 costs and disbursements to petitioner-respondent. The dispute between the parties is not one that is arbitrable under this contract. The only nexus between the employees on whose behalf arbitration is sought, and the New York Mirror, from whom they seek relief, is subdivision B of section 12. However, that subdivision read in context with the entire section clearly indicates that it was never intended to apply to a dispute between employees of a distributor who had a separate collective bargaining agreement with this very union and such construction has been clearly borne out by the course of conduct of the union. Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Bluebook (online)

9 A.D.2d 751, 193 N.Y.S.2d 111, 1959 N.Y. App. Div. LEXIS 5909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-publishers-association-newspaper-mail-nyappdiv-1959.