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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re Arbitration between Arthur Murray, Inc. & Ricciardi

Justice Froessel dissents, advocating for the modification of the lower court's order. The petitioner seeks to stay arbitration concerning a dispute stemming from nine identical franchise agreements. Justice Froessel argues that the clear language of these agreements, coupled with the absence of a clause preventing unreasonable withholding of consent and the specific nature of the agreements, grants the petitioner the right to refuse consent to their assignment, citing several cases including Allhusen v. Caristo Constr. Corp. The dissenting opinion also asserts that the rule of good faith does not apply in this context. Consequently, it is argued that the portion of the dispute related to damages from the arbitrary withholding of consent to assignments is not arbitrable. Therefore, the orders of the court below should be modified to grant the petitioner's application to stay arbitration regarding the damages claim arising from the refusal to consent to the assignment of franchise agreements; otherwise, affirmed.

arbitration stayfranchise agreementsassignment of contractsconsent withholdingcontract interpretationgood faith rulenon-arbitrable claimsappellate reviewdissenting opinioncontractual rights
References
12
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Camhi & Undergarment & Negligee Workers Union, Local 62

The case involves a petitioner's motion to stay arbitration under a collective bargaining agreement. The court reversed a previous order denying the stay and granted the motion. The central issue is whether the arbitration clause extends to the petitioner's individual business operations established after leaving a partnership, rather than to obligations predating the partnership's dissolution. The majority ruled that disputes related to the petitioner's separate business are not subject to the arbitration agreement because the individual business is not represented by the trade association. A dissenting opinion argued that the broad arbitration clause should empower arbitrators to determine the scope, particularly if the union alleges deliberate circumvention of the agreement.

ArbitrationCollective Bargaining AgreementStay of ArbitrationScope of ArbitrationPartnership DissolutionIndividual LiabilityTrade AssociationJudicial ReviewArbitrabilityContract Interpretation
References
14
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Dalcro Corp. & International Ladies' Garment Workers' Union

Three applications were submitted to the court regarding an arbitration clause in a collective bargaining agreement. Employer Dalcro Corp. moved to stay arbitration and to vacate an arbitrator's award, while the Union moved to confirm the award. The dispute arose from an alleged oral modification of wage rates. Dalcro claimed the arbitration agreement was invalid, there was no arbitrable issue, and the National Labor Relations Board had pre-empted jurisdiction. The court denied Dalcro's application for a stay, finding that Dalcro had participated in the arbitration proceedings. However, the court granted Dalcro's application to vacate the arbitrator's award because the arbitrator failed to adjourn the hearing as mandated by Civil Practice Act § 1458 after being served with a motion for a stay. Consequently, the Union's application to confirm the award was denied, and a rehearing before the arbitrator was directed.

Arbitration AgreementCollective BargainingUnfair Labor PracticeNational Labor Relations BoardArbitration StayVacate Arbitration AwardConfirm Arbitration AwardDue ProcessJudicial Review of ArbitrationLabor Law
References
17
Case No. MISSING
Regular Panel Decision

In re the Arbitration between I. S. Joseph Co. & Toufic Aris & Fils

The Supreme Court affirmed a judgment dismissing Joseph's petition to stay arbitration and granting Toufic's cross-petition to compel arbitration, concurrently vacating an earlier stay pending appeal. The dispute arose from an oral grain sale agreement between Joseph, a Minnesota seller, and Toufic, a buyer from France and Lebanon, where both parties exchanged telex confirmations that largely agreed but had minor differences, and crucially incorporated a North American Export Grain Association (NAEGA) contract containing a broad arbitration clause enforceable in New York. The court determined that a valid agreement to arbitrate existed, asserting that New York law governed the arbitration provision due to its significant contacts, irrespective of the performance location. The majority opinion found the arbitration agreement valid, with some justices viewing it as part of a valid sales contract under UCC 2-207(2)(b), while others deemed the arbitration clause separable. Justice Nunez dissented, arguing for a remand to ascertain the validity of the underlying sales agreement, highlighting telex discrepancies and the non-execution of a formal contract as crucial factors impacting the arbitration agreement's existence.

Arbitration AgreementContract FormationChoice of LawUniform Commercial CodeInternational TradeGrain SaleTelex ConfirmationNAEGA ContractMaterial AlterationSeparability Doctrine
References
9
Case No. MISSING
Regular Panel Decision
Apr 14, 1960

In re the Arbitration between Luggage Workers Union, Local 60, ILGP & NWU & Major Moulders, Inc.

This case concerns an appeal regarding a motion to stay arbitration. The appellant and the union had an initial agreement stating they would enter into a full-length collective bargaining agreement, which would include arbitration provisions. However, this subsequent agreement was never signed. The union sought arbitration under this unconsummated agreement, leading the defendant (appellant) to file a motion to stay arbitration. The initial order denying this motion was reversed on appeal, with the court granting the motion to stay arbitration. The court found that without a binding collective agreement, there was no effective commitment by the parties to arbitrate.

ArbitrationCollective Bargaining AgreementContract LawMotion to StayAppellate ReviewLabor DisputeUnconsummated AgreementLack of Arbitration ClauseDenial ReversedCosts and Disbursements
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Dworkes & Chalek

This case involves an application by a petitioner to stay arbitration against respondent Chalek, stemming from disputes related to a partnership agreement dated July 18, 1961. The partnership agreement includes an arbitration clause for controversies arising out of the contract. The petitioner argued that the disputes were not subject to arbitration due to unambiguous terms, lack of explicit arbitrator permission for interpretation, and the improper inclusion of an agreement without an arbitration clause. The court found the petitioner's contentions without merit, affirming that while the court determines if an arbitrable dispute exists, the interpretation of a broadly agreed-upon arbitration clause is for the arbitrators. Consequently, the motion to stay arbitration was denied, the petition dismissed, and the parties were directed to proceed to arbitration.

ArbitrationContract InterpretationPartnership DisputeStay of ArbitrationMotion DeniedArbitrabilityScope of ArbitrationAmerican Arbitration AssociationDispute ResolutionJudicial Review
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Fitzgerald & General Electric Co.

This case involves a petition to compel arbitration stemming from a dispute where the respondent opted to subcontract janitorial services instead of using its own employees, a decision challenged by the petitioner. The petitioner argued that the dispute fell under an arbitration clause in their collective bargaining agreement, specifically citing the 'Union Recognition' article. However, the court found that the dispute did not involve the interpretation or application of any agreement provision, noting that the subcontracting issue had been explicitly rejected during agreement negotiations. The court also clarified that Civil Practice Act section 1448-a, while precluding inquiry into the merits of a dispute, does not divest the court of its role to determine the scope of an arbitration agreement. Furthermore, the agreement itself stipulated that arbitration could only proceed after a court determined the arbitrability of issues, leading to the dismissal of the petition.

ArbitrationCollective Bargaining AgreementSubcontractingManagement PrerogativeArbitrabilityScope of Arbitration ClauseContract InterpretationUnion RecognitionCourt's Role in ArbitrationLabor Dispute
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration between I. Miller & Sons, Inc., & United Office & Professional Workers

This case involves a motion to stay arbitration filed by petitioners, who are employees of I. Miller & Sons, Inc. The petitioners sought to stay an arbitration proceeding between their employer and a respondent union. The union and employer had an agreement requiring new employees to join the union after thirty days as a condition of employment. The petitioners refused to join the union, and the employer declined the union's request to discharge them, citing the Labor Management Relations Act, 1947 (Taft-Hartley Law). The petitioners argued the agreement was invalid under the Taft-Hartley Act and they had no obligation to arbitrate. The court denied the motion to stay arbitration, ruling that the petitioners, not being parties to the arbitration agreement, lacked standing to interfere with the proceeding. The court clarified that the phrase 'any party to the controversy' in the Civil Practice Act sections 1462 and 1462-a refers to parties to the arbitration agreement itself.

Arbitration AgreementStandingThird-Party RightsLabor LawUnion MembershipEmployer ObligationsContract InterpretationMotion to StayCivil Practice ActTaft-Hartley Act
References
7
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Teschner & Livingston

This case involves a petitioner, a small business owner, who entered into a collective bargaining agreement with a respondent union. The agreement included an arbitration clause and the petitioner's right to cease business operations. After the petitioner claimed to go out of business and discharged his sole employee, the union alleged that the petitioner continued business through a new corporation to circumvent the agreement. The union demanded arbitration regarding the failure to employ the individual, prompting the petitioner to seek a stay of arbitration. The court affirmed the denial of the stay, ruling that whether the petitioner had genuinely ceased business was an issue to be determined by the arbitrators, not the court, due to the broad scope of the arbitration clause.

arbitration agreementcollective bargainingbusiness dissolutioncontractual obligationscorporate evasionlabor disputearbitrabilitystay of proceedingsNew York courtsinterpretation of contract
References
10
Case No. MISSING
Regular Panel Decision

In re the Arbitration Between George Rattray & Co. & Trenz

Petitioner, George Battray & Company, Inc., sought to stay arbitration demanded by the respondent union following the sale of its assets by Hardwick, Hindle, Inc. (its parent company) to Instruments for Industry, Inc. and the subsequent termination of all employees. The union raised nine issues for arbitration, later reducing them to six. The court analyzed whether these disputes were arbitrable under the collective bargaining agreement, which required disputes to arise under the agreement and concern its interpretation. The court found that the union failed to present sufficient evidentiary facts to establish an arbitrable dispute regarding the employer's good faith in terminating business, plant relocation, lockout, or the obligation for the purchaser to assume the collective bargaining agreement. However, the court determined that an arbitrable dispute existed concerning the 'floating' holiday pay, as the right to this pay accrued on the first day of the year. The stay of arbitration was granted for all issues except the 'floating' holiday pay.

arbitration staycollective bargaining agreementemployee terminationasset saleunion disputegood faith business terminationarbitrabilityfloating holiday paysuccessor clause interpretationlabor law
References
35
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