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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 Triple P Realty Corp. & Peoria Penny Park, Inc.

This case involves a motion to stay arbitration concerning a contract for the purchase of real estate, construction of a garage, and a long-term net lease. The contract included an arbitration clause for disputes 'pertaining to the terms of this agreement.' The respondent sought to use arbitration not to interpret existing terms, but to incorporate new or changed terms due to altered circumstances. The court ruled that arbitration cannot be compelled for controversies beyond the explicit scope of the contract. It further stated that the arbitration clause's language was not specific enough to permit modification of the contract's terms through arbitration. Consequently, the petitioner's application to stay arbitration was granted, and the respondent's cross-motion was denied.

ArbitrationContract DisputeReal EstateScope of ArbitrationContract ModificationStay of ArbitrationCommercial TransactionsJudicial ReviewArbitration ClauseAgreement Terms
References
3
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 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 Royal Typewriter Co. & Mechanical & Electrical Workers Union of America Local No. 1

The case involves a petitioner corporation seeking to stay arbitration initiated by a respondent union. The dispute stems from a collective bargaining agreement which recognizes the union as the agent for 'Service Department Employees.' Following the introduction of electric typewriters, the union sought arbitration to determine if servicemen for these new machines fall under the existing contract's classification. The petitioner contended this matter was excluded from arbitration, arguing it might modify the agreement or alter the bargaining unit's scope. The court, however, concluded that the union's requested arbitration concerned an interpretation or application of the contract. As a result, the court affirmed the arbitrability of the issue and denied the petitioner's motion to stay arbitration.

ArbitrationLabor LawCollective Bargaining AgreementContract InterpretationBargaining Unit ScopeStay of ArbitrationGrievance ProcedureElectric Typewriter Servicemen
References
0
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 Stowe & Aircooled Motors, Inc.

This case involves a motion to compel arbitration under section 1450 of the Civil Practice Act, related to the discharge of Gerald Mersfelder. A cross-motion was filed to dismiss the application. The court addressed preliminary objections regarding the local union's standing as a contracting party, affirming its involvement. It was determined that the arbitration clause was limited and did not cover all disputes, particularly unfair labor practices which fall under the National Labor Relations Board's jurisdiction. The court also considered its own jurisdiction under the Civil Practice Act, noting that the controversy arose before amendments broadening the scope of arbitrable subjects took effect. Ultimately, the court found no basis for arbitration as the grievance did not involve the interpretation or application of the contract's provisions.

ArbitrationLabor LawCollective Bargaining AgreementEmployee DischargeJurisdictionCivil Practice ActMotion to CompelMotion to DismissUnion RightsContract Interpretation
References
2
Case No. MISSING
Regular Panel Decision

In re of the Arbitration between Town of Evans & International Brotherhood of Electrical Workers

Petitioner appealed an order from the Supreme Court, Erie County, which denied its petition to stay arbitration, granted respondent's counterclaim to compel arbitration, and denied both parties' requests for attorney's fees and sanctions. The petitioner had terminated an accountant, Elmar Kiefer, for alleged sexual abuse and misuse of resources. Respondent filed a grievance on Kiefer's behalf, leading to a demand for arbitration under their collective bargaining agreement. Petitioner sought to stay arbitration, arguing it was against public policy as an arbitrator might reinstate Kiefer. The court affirmed the lower court's decision, stating that the public policy argument was premature and that courts should not pre-emptively assume an arbitrator will exceed their powers or violate public policy. The court also denied attorney's fees and sanctions for both parties.

ArbitrationPublic PolicyCollective Bargaining AgreementSexual HarassmentMisconductAttorney's FeesSanctionsAppellate ReviewGrievanceEmployment Termination
References
5
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
Mar 26, 1976

In re the Arbitration between S. M. Rose Corp., & Meyers

The Supreme Court, Bronx County, affirmed a judgment denying the employer's application to stay arbitration and granting the union's cross-petition to compel arbitration. The court emphasized the strong federal and state policy favoring arbitration for labor disputes. It ruled that the employer's objections, including those related to subcontracting and consulting employees on repair estimates, were arbitrable as per CPLR 7501, which states courts should not consider the merits of a claim when deciding arbitrability. The court also dismissed the employer's antitrust argument, finding no prima facie showing that the union's proposals would violate antitrust laws.

ArbitrationLabor DisputeCollective Bargaining AgreementSubcontractingAntitrust LawArbitrabilityCPLR 7501Court of AppealsAppellate DivisionSupreme Court
References
4
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
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