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MATTER OF BOHLINGER (NAT'L CASH REGISTER CO.)

305 N.Y. 539 (1953)

In the Matter of the Arbitration between William J. Bohlinger, as President of The International Union of Operating Engineers, Local No. 94, AFL, Appellant, and National Cash Register Company, Respondent.

Court of Appeals of the State of New York.

Decided July 14, 1953

Attorney(s) appearing for the Case

Harold L. Luxemburg for appellant.

George W. Foley and Thomas F. Fennell, II, for respondent.

CONWAY, FULD and FROESSEL, JJ., concur with LEWIS, Ch. J.; DESMOND, J., dissents in opinion in which DYE, J., concurs; VAN VOORHIS, J., taking no part.

LEWIS, Ch. J.

This appeal is an outgrowth of a dispute which arose between the union-petitioner and the employer-respondent involving the following provision for arbitration which the parties agreed should be inserted in their contract for collective bargaining: "SEVENTEENTH: In the event of any dispute between the parties hereto with reference to any matter not provided for in this Contract, or in reference to...

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