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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re the Arbitration between Lane & Leather Workers' Union of the United States

The case involves an appeal by an employer against a Special Term order compelling arbitration of disputes with a petitioner (union) following the expiration of a collective bargaining agreement. Disputes originated in January 1947 over roller wages, leading to a work stoppage in March that was settled by an agreement to arbitrate. A second dispute arose over the discharge of three employees, also demanded for arbitration. After the contract expired on June 1, 1947, the employer contended its obligation to arbitrate ceased. The Special Term ruled that the duty to arbitrate disputes arising during the contract term survived its expiration. The Appellate Division affirmed this order, specifying that arbitration should be limited to grievances pending before the contract's expiry on May 31, 1947.

ArbitrationCollective Bargaining AgreementWage DisputeWork StoppageEmployee DischargeContract ExpirationArbitrabilityAppellate ReviewLabor LawPanel Decision
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between A.F.C.O. Metals, Inc. & Local Union 580 of International Ass'n of Bridge

This case concerns a dispute between Local Union 580 and AFCO Metals, Inc. regarding arbitration of pension fund contributions. Local 580 claimed AFCO underpaid contributions by assigning work to Carpenters Unions that should have been allocated to Local 580 members. AFCO sought to stay arbitration, arguing the dispute was jurisdictional and excluded from arbitration under their collective bargaining agreement. The Supreme Court initially dismissed AFCO's petition, but the Appellate Division reversed, finding the dispute jurisdictional. The Court of Appeals affirmed the Appellate Division's order, ruling that the underlying dispute is a jurisdictional matter, which the parties explicitly agreed to exclude from arbitration provisions in their collective bargaining agreement.

ArbitrationJurisdictional DisputeCollective Bargaining AgreementPension FundsUnion ContributionsWork AssignmentAppellate ReviewLabor LawContract InterpretationFund Delinquency
References
3
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 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
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 Agress & Brouillet

Petitioner sought an order to direct arbitration against the respondents after they allegedly refused to permit the petitioner to complete a contract for work, labor, and services on the respondents' premises. The contract included a specific arbitration clause covering disputes concerning the construction/meaning of specifications or the true value of extra work. The respondents opposed, arguing that the issue of contract termination or its justification was not covered by the arbitration clause. The court, citing precedent, determined that the arbitration clause was limited and did not encompass disputes regarding a breach of contract by either party. Consequently, finding no arbitrable dispute under the contract, the court denied the motion to direct arbitration.

ArbitrationContract DisputeScope of Arbitration ClauseMotion to Compel ArbitrationBreach of ContractLimited Arbitration Clause
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Ward Leonard Electric Co. & Local 419, International Union of Electrical, Radio & Machine Workers

The petitioner moved to stay arbitration, arguing the respondent union's grievances were untimely and non-arbitrable as they involved the 'wage structure'. The court determined that the timeliness of the grievances was an issue for the arbitrator, not the court. Regarding arbitrability, the court found that the dispute over job content and evaluation, even if leading to wage increases, did not constitute a dispute over the fundamental 'wage structure' as excluded by the contract. The court concluded that the dispute fell within the arbitration agreement. Consequently, the petitioner's motion for a stay of arbitration was denied.

ArbitrationStay of ArbitrationTimelinessService of ProcessArbitrabilityContract InterpretationCollective Bargaining AgreementGrievance ProcedureWage StructureJob Evaluation
References
7
Case No. MISSING
Regular Panel Decision

McSpedon v. Profile Electric, Inc.

The petitioner, Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, appealed an order from the Supreme Court, Queens County, dated April 29, 1987. The order had denied the union's motion to stay arbitration and granted Profile Electric, Inc.'s cross-motion to compel arbitration. The dispute arose under a collective bargaining agreement where Profile Electric alleged the union failed to provide sufficient qualified labor, hindering a city contract. The Supreme Court, and subsequently the appellate court, determined that given a broad arbitration clause, the dispute fell within the contract's ambit, emphasizing the state's policy favoring arbitration. The appellate court affirmed the decision, holding that the merits of the claim and issues of contract termination were matters for the arbitrators.

ArbitrationCollective Bargaining AgreementLabor DisputeStay ArbitrationCompel ArbitrationAppellate ReviewContract InterpretationUnion ObligationsEmployer-Union RelationsQueens County
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Genuth & S. B. Thomas, Inc.

The case involves a dispute between parties to a collective bargaining agreement regarding the application of the 'anti-pyramiding' clause concerning overtime and invasion of rest period pay. The core issue was whether the rest period was curtailed by overtime worked before it began or by an early return to work. The employer argued for the former, which would activate the anti-pyramiding clause, while the union advocated for the latter, negating the clause's impact and increasing worker pay. The arbitrator sided with the union's interpretation. The court subsequently denied the employer's motion to vacate the arbitration award and granted the union's cross-motion to confirm it, affirming that the arbitrator's interpretation was permissible and within his competence.

arbitrationcollective bargaining agreementanti-pyramiding clauseovertime payrest period paylabor disputearbitration award confirmationcontract interpretationarbitrator's competencejudicial review of arbitration
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Carborundum Co. & Swisher

Petitioner sought a stay of arbitration initiated by respondents (unions) regarding disputes over work assignments and methods, specifically the use of IBM machines, research and development engineers, independent contractors, and trucking companies. The court determined that the arbitration clause in the labor agreement limited grievances to disagreements about the proper application, administration, performance, or enforcement of the agreement's terms. Petitioner successfully argued that the controversies involved its exclusive and unqualified management rights, which were not expressly abridged by the agreement. Therefore, the court ruled that these disputes did not constitute arbitrable grievances, granting the stay of arbitration.

Stay of ArbitrationManagement RightsLabor AgreementArbitration ClauseGrievance DefinitionWork Assignment DisputesExclusive Management PrerogativesCollective Bargaining AgreementNon-Arbitrable Disputes
References
0
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