MATTER OF BURNS BROS.


11 A.D.2d 1000 (1960)

In the Matter of the Arbitration between Burns Bros. et al., Respondents, and James F. McGuire, as President of Coal, Gasoline, Fuel Oil Teamsters, Chauffeurs, Oil Burner Installation, Maintenance, Servicemen and Helpers of New York City & Vicinity, Local Union No. 553, Affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, et al., Appellants

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

October 18, 1960


Order, entered July 15, 1960, compelling arbitration reversed, on the law, with $20 costs and disbursements to the appellants, and the motion to compel arbitration denied, with $10 costs.

MEMORANDUM BY THE COURT.

The separate collective bargaining contracts between the respondent-appellant union and the petitioners provide for maintenance of seniority lists. The circumstance that petitioner Preferred Oil Company owns more than 90% of the stock of petitioner...

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