In re the Arbitration between Sheet Metal Workers International Ass'n & Building & Construction Trades Council

Appellate Division of the Supreme Court of New York

In re the Arbitration between Sheet Metal Workers International Ass'n & Building & Construction Trades Council

300 A.D.2d 3, 750 N.Y.S.2d 297, 172 L.R.R.M. (BNA) 2252, 2002 N.Y. App. Div. LEXIS 11564

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

DecidedDecember 3, 2002

StatusPublished

This text of 300 A.D.2d 3 (In re the Arbitration between Sheet Metal Workers International Ass'n & Building & Construction Trades Council) 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 Sheet Metal Workers International Ass'n & Building & Construction Trades Council, 300 A.D.2d 3, 750 N.Y.S.2d 297, 172 L.R.R.M. (BNA) 2252, 2002 N.Y. App. Div. LEXIS 11564 (N.Y. Ct. App. 2002).

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Opinion

—Order, Supreme Court, New York County (Herman Cahn, J.), entered March 1, 2002, which denied the petition to vacate an arbitration award and granted the cross petition to confirm the award, unanimously affirmed, without costs.

This is a jurisdictional dispute between local labor unions over the right to perform certain work on a construction project. We affirm Supreme Court’s determination confirming the award in favor of respondent local upon the finding that petitioner local and respondent local were bound to arbitrate their dispute pursuant to the New York Plan for Settlement of Jurisdictional Disputes, the agreement under which the award was made and to which both union locals are parties. That petitioner international union, along with the employer of the work force at issue, may be bound by a different arbitration provision in a national collective bargaining agreement containing provisions requiring a different allocation of the work in [4]*4question, furnishes no predicate upon which to urge the inapplicability of the New York Plan, since it is a stranger to the New York agreement and cannot release the parties thereto from their obligations thereunder.

We have considered petitioners’ other contentions and find them unavailing. Concur — Williams, P.J., Nardelli, Ellerin, Rubin and Marlow, JJ.

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—Order, Supreme Court, New York County (Herman Cahn, J.), entered March 1, 2002, which denied the petition to vacate an arbitration award and granted the cross petition to confirm the award, unanimously affirmed, without costs.

This is a jurisdictional dispute between local labor unions over the right to perform certain work on a construction project. We affirm Supreme Court’s determination confirming the award in favor of respondent local upon the finding that petitioner local and respondent local were bound to arbitrate their dispute pursuant to the New York Plan for Settlement of Jurisdictional Disputes, the agreement under which the award was made and to which both union locals are parties. That petitioner international union, along with the employer of the work force at issue, may be bound by a different arbitration provision in a national collective bargaining agreement containing provisions requiring a different allocation of the work in [4]*4question, furnishes no predicate upon which to urge the inapplicability of the New York Plan, since it is a stranger to the New York agreement and cannot release the parties thereto from their obligations thereunder.

We have considered petitioners’ other contentions and find them unavailing. Concur — Williams, P.J., Nardelli, Ellerin, Rubin and Marlow, JJ.

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Bluebook (online)

300 A.D.2d 3, 750 N.Y.S.2d 297, 172 L.R.R.M. (BNA) 2252, 2002 N.Y. App. Div. LEXIS 11564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-sheet-metal-workers-international-assn-nyappdiv-2002.