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MATTER OF J. K. METAL CORP. (SERV. EMPLOYEES UNION)

285 A.D. 81 (1954)

In the Matter of the Arbitration between Jay Kay Metal Specialties Corp., Respondent, and United Service Employees Union, Local 377, C. I. O., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 7, 1954.

Attorney(s) appearing for the Case

Charles R. Katz of counsel (Katz & Wolchok, attorneys), for appellant.

David Halper of counsel (Mandelker & Halper, attorneys), for respondent.

DORE, J. P., concurs with BOTEIN, J., in opinion, in which BERGAN, J., concurs; CALLAHAN, J., dissents and votes to reverse and deny the motion in opinion, in which BASTOW, J., concurs.

BOTEIN, J.

The agreement provides that any and all disputes shall first be taken up for adjustment by representatives of the parties, and that the dispute shall be submitted to arbitration only in the event of failure to bring about an adjustment. This provision was explicitly and pointedly brought to the attention of the union by the employer's attorney in his letter of April 22, 1954, in which he also made it...

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