In re the Arbitration between Suffern Distributors, Inc. & Local 153, Office & Professional Employees International Union

Appellate Division of the Supreme Court of New York

In re the Arbitration between Suffern Distributors, Inc. & Local 153, Office & Professional Employees International Union

39 A.D.2d 713, 331 N.Y.S.2d 876, 80 L.R.R.M. (BNA) 3467, 1972 N.Y. App. Div. LEXIS 4733

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

DecidedMay 1, 1972

StatusPublished

This text of 39 A.D.2d 713 (In re the Arbitration between Suffern Distributors, Inc. & Local 153, Office & Professional Employees International Union) 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 Suffern Distributors, Inc. & Local 153, Office & Professional Employees International Union, 39 A.D.2d 713, 331 N.Y.S.2d 876, 80 L.R.R.M. (BNA) 3467, 1972 N.Y. App. Div. LEXIS 4733 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a proceeding to stay arbitration which was demanded by appellant, and in which proceeding appellant made a cross application to compel arbitration, the appeal is from a judgment of the Supreme Court, Rockland County, dated November 30, 1971, which granted petitioners’ application. Judgment reversed, on the law, with $10 costs and disbursements, petitioners’ application denied and appellant’s cross application granted. The findings of fact below have not been affirmed. Questions of compliance with step-by-step grievance procedures, prior to arbitration of matters relating to a collective bargaining agreement, are questions of procedural arbitrability to be passed upon by the arbitrator upon consideration of the merits of the matter (Wiley & Sons V. Livingston, 376 U. S. 543; Matter of Long Is. Lbr. Co. [Martin], 15 N Y 2d 380; Matter of Dan Curtis Prods. [Writers Guild of Amer., East], 35 A D 2d 800). Munder, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In a proceeding to stay arbitration which was demanded by appellant, and in which proceeding appellant made a cross application to compel arbitration, the appeal is from a judgment of the Supreme Court, Rockland County, dated November 30, 1971, which granted petitioners’ application. Judgment reversed, on the law, with $10 costs and disbursements, petitioners’ application denied and appellant’s cross application granted. The findings of fact below have not been affirmed. Questions of compliance with step-by-step grievance procedures, prior to arbitration of matters relating to a collective bargaining agreement, are questions of procedural arbitrability to be passed upon by the arbitrator upon consideration of the merits of the matter (Wiley & Sons V. Livingston, 376 U. S. 543; Matter of Long Is. Lbr. Co. [Martin], 15 N Y 2d 380; Matter of Dan Curtis Prods. [Writers Guild of Amer., East], 35 A D 2d 800). Munder, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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39 A.D.2d 713, 331 N.Y.S.2d 876, 80 L.R.R.M. (BNA) 3467, 1972 N.Y. App. Div. LEXIS 4733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-suffern-distributors-inc-local-153-nyappdiv-1972.

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