MATTER OF SEALTEST FOODS DIV. OF NAT'L DAIRY PRODS. CORP.


18 A.D.2d 947 (1963)

In the Matter of the Arbitration between Sealtest Foods Division of National Dairy Products Corporation — Albany Plant, Respondent, and Milk, Ice Cream Drivers and Dairy Employees Local No. 787, Affiliated with The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellant In the Matter of the Arbitration between Sealtest Foods Division of National Dairy Products Corporation — Schenectady Plant, Respondent, and Milk, Ice Cream Drivers and Dairy Employees Local No. 787, Affiliated with The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellant

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

February 7, 1963


The dispute is as to the commissions to be paid employees upon sales of fruit salad, a new product which the employer introduced subsequent to the making of the contracts. The employer contends that sales from its Albany plant of this and of all of its products are covered by a sliding scale of commissions computed on a per quart basis as tabulated in its Albany plant contract and, with respect to Schenectady sales, by a provision...

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