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COMMUNICATIONS WORKERS OF AMERICA v. NEW YORK TEL. CO.

No. 153, Docket 27926.

327 F.2d 94 (1964)

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, Plaintiff-Appellant, v. NEW YORK TELEPHONE COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 29, 1964.

Attorney(s) appearing for the Case

Cooper, Ostrin, DeVarco & Ackerman, New York City, Kane & Koons, Washington, D. C., (Herman E. Cooper, George A. Nicolau, Ronald J. Brooks, New York City, of counsel), for plaintiff-appellant.

Proskauer, Rose, Goetz & Mendelsohn and G. Wallace Bates, New York City (Edward Silver, George G. Gallantz, William P. Witman, Martin J. Oppenheimer, New York City, of counsel), for defendant-appellee.

Before MEDINA, WATERMAN and MARSHALL, Circuit Judges.

WATERMAN, Circuit Judge:

Plaintiff, Communications Workers of America, AFL-CIO, brought suit below to compel defendant, New York Telephone Company, to arbitrate grievances caused by the temporary promotion of certain employees without regard to a seniority roster. Both parties agreed that no genuine issues of fact were involved in the case and both moved for summary judgment. The United States District Court for the Southern District of New York, Tyler, J., in a written...

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