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MATTER OF ACME BACKING CORP. (DIST. 65)

2 A.D.2d 61 (1956)

In the Matter of the Arbitration between Acme Backing Corporation, Respondent, and District 65, Distributive, Processing and Office Workers of America, Appellant

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

June 26, 1956.

Attorney(s) appearing for the Case

Irving Rozen of counsel (Weisman, Allan, Spett & Sheinberg, attorneys), for appellant.

Leonard L. Berliner of counsel (Baer, Marks, Friedman, Berliner & Klein, attorneys), for respondent.

BREITEL, FRANK and VALENTE, JJ., concur; PECK, P. J., concurs only to the extent that the court holds there is an arbitrable issue as to a possible violation of subdivision (d) of article 20 of the contract.

Per Curiam.

Respondent union appeals from an order granting petitioner employer's motion to stay arbitration proceedings. In 1953, the parties entered into a collective bargaining agreement to expire on December 31, 1955 covering employees at the employer's Brooklyn plant. Under separate corporate identities, although completely controlled and dominated by petitioner, two other factories are maintained in Missouri and in Connecticut.

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