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MTR. OF GALLAGHER (ESSO STD. OIL CO.)

10 A.D.2d 22 (1960)

In the Matter of the Arbitration between Charles E. Gallagher, as President of Esso Tanker Men's Union, Appellant, and Esso Standard Oil Company, Respondent

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

February 16, 1960.

Attorney(s) appearing for the Case

Howard Schulman of counsel (Arthur Abarbanel with him on the brief; Howard Schulman attorney), for appellant.

A. Donald MacKinnon of counsel (Edward J. Reilly, Jr., with him on the brief; Milbank, Tweed, Hope & Hadley, attorneys), for respondent.

M. M. FRANK and McNALLY, JJ., concur with VALENTE, J.; STEVENS, J., dissents and votes to reverse and grant arbitration, in opinion in which RABIN, J. P., concurs.

VALENTE, J.

In May, 1959, appellant Union demanded arbitration pursuant to a provision of a collective bargaining agreement, dated May 15, 1956, between the union and Esso Standard Oil Company (herein called the "Company") which provided for arbitration of "Any question as to the interpretation of this Agreement or any question of fact arising out of an alleged violation of the terms of this agreement". The dispute...

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