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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
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 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 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

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 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 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 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
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
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