In re the Arbitration between Rollway Bearing Co. & Local No. 798, International Union United Automobile, Aircraft, Agricultural Implement Workers of America

Appellate Division of the Supreme Court of New York

In re the Arbitration between Rollway Bearing Co. & Local No. 798, International Union United Automobile, Aircraft, Agricultural Implement Workers of America

11 A.D.2d 753, 201 N.Y.S.2d 648, 1960 N.Y. App. Div. LEXIS 9346

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

DecidedJune 10, 1960

StatusPublished

This text of 11 A.D.2d 753 (In re the Arbitration between Rollway Bearing Co. & Local No. 798, International Union United Automobile, Aircraft, Agricultural Implement Workers of America) 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 Rollway Bearing Co. & Local No. 798, International Union United Automobile, Aircraft, Agricultural Implement Workers of America, 11 A.D.2d 753, 201 N.Y.S.2d 648, 1960 N.Y. App. Div. LEXIS 9346 (N.Y. Ct. App. 1960).

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Opinion

— Order unanimously reversed, with $25 costs and disbursements and motion to stay arbitration denied. Memorandum: The question as to whether or not the vacancy in the Romanoff position was to be filled in accordance with article IX, section B of the Collective Bargaining Agreement in the light of past practices and arbitration decisions between the parties was clearly one for arbitration. The ease of Matter of General Elec. Co. (Mann) (17 Misc 2d 715) is readily distinguishable from the instant case. There the right to subcontract was not arbitrable but here the question was as indicated. (Appeal from order of Onondaga Special Term permanently staying arbitration of a dispute between the parties.) Present — Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.

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— Order unanimously reversed, with $25 costs and disbursements and motion to stay arbitration denied. Memorandum: The question as to whether or not the vacancy in the Romanoff position was to be filled in accordance with article IX, section B of the Collective Bargaining Agreement in the light of past practices and arbitration decisions between the parties was clearly one for arbitration. The ease of Matter of General Elec. Co. (Mann) (17 Misc 2d 715) is readily distinguishable from the instant case. There the right to subcontract was not arbitrable but here the question was as indicated. (Appeal from order of Onondaga Special Term permanently staying arbitration of a dispute between the parties.) Present — Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.

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11 A.D.2d 753, 201 N.Y.S.2d 648, 1960 N.Y. App. Div. LEXIS 9346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-rollway-bearing-co-local-no-798-nyappdiv-1960.

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