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POSNER v. GRUNWALD-MARX, INC.

Docket L.A. 26239.

56 Cal.2d 169 (1961)

363 P.2d 313

14 Cal. Rptr. 297

JEROME POSNER, as Manager of Los Angeles Joint Board, Amalgamated Clothing Workers of America, Plaintiff and Appellant, v. GRUNWALD-MARX, INC., Defendant and Respondent.

Supreme Court of California. In Bank.

June 29, 1961.

Attorney(s) appearing for the Case

Wirin, Rissman, Okrand & Posner and Paul M. Posner for Plaintiff and Appellant.

Pauline Nightingale, Effie Sparling, William P. Nutter, Milford A. Maron, Bodle & Fogel, George E. Bodle, Daniel Fogel and Stephen Reinhardt as Amici Curiae on behalf of Plaintiff and Appellant.

Hill, Farrer & Burrill, Hyman Smith and Ray L. Johnson, Jr., for Defendant and Respondent.

PETERS, J.

Petitioner union brought these proceedings to compel the defendant employer, Grunwald-Marx, Inc., to arbitrate the question of vacation pay for 1957 and holiday pay for May 30, 1957 (Decoration Day), which pay the union contends is owed to its members.

Both the union and the employer rely on a collective bargaining agreement entered into on October 1, 1953, and which, on October 23, 1956, was renewed and extended through September 30, 1959. Among...

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