MTR. OF BORDEN CO. (MILK LOCAL NO. 787)


15 A.D.2d 151 (1961)

In the Matter of the Arbitration between Borden Company, Appellant, and Milk, Ice Cream Drivers and Dairy Employees Local No. 787, Affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, et al., Respondents

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

December 20, 1961.


Attorney(s) appearing for the Case

Murphy, Aldrich, Guy, Broderick & Simon (William E. Noonan of counsel), for appellant.

Harry Pozefsky for respondents.

BERGAN, P. J., COON, REYNOLDS and TAYLOR, JJ., concur.


GIBSON, J.

The appeal is from an order which denied petitioner employer's motion to stay arbitration of a dispute allegedly arising under a collective bargaining agreement and granted respondent labor union's cross motion to compel such arbitration.

The agreement provides that "disputes arising under or in connection with this contract" which have not been adjusted shall be submitted to arbitration. Respondents allege that when

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