MTR. OF BAKERY DRIVERS (KRUG BAKING)


19 A.D.2d 301 (1963)

In the Matter of the Arbitration between Bakery Drivers Union Local 550, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Respondent, and Krug Baking Company of New York, Inc., et al., Appellants

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

July 2, 1963.


Attorney(s) appearing for the Case

Morris E. Lasker of counsel (Theodore W. Kheel and Raymond F. Gregory with him on the brief; Battle, Fowler, Stokes & Kheel, attorneys), for appellants.

H. Howard Ostrin of counsel (Herman E. Cooper and Robert H. Sand with him on the brief; Cooper, Ostrin, De Varco & Ackerman, attorneys), for respondent.

BOTEIN, P. J., and BREITEL, J., concur with RABIN, J.; STEVENS and STEUER, JJ., dissent in part in separate opinions.


RABIN, J.

For some 30 years the appellants had been engaged in the production and distribution of bakery products in the metropolitan area. In February, 1962 they terminated their business operations. Over the years they employed driver-salesmen to distribute their products in a house-to-house operation. Prior to 1949 this employment had been governed solely by contracts made between the appellants and the driver...

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