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  5. 15 N.Y.2d 181 (1965)
 

MATTER OF BUCHHOLZ (LOCAL 463)

15 N.Y.2d 181 (1965)

In the Matter of the Arbitration between Gerald Buchholz, Doing Business as Federal Tool and Instrument Co., Respondent, and Local 463, International Union of Electrical, Radio and Machine Workers, Appellant.

Court of Appeals of the State of New York.

Decided February 11, 1965.

Attorney(s) appearing for the Case

Donald Grody for appellant.

Joseph M. Midler for respondent.

Chief Judge DESMOND and Judges DYE and SCILEPPI concur with Judge BURKE; Judge VAN VOORHIS concurs in the opinion of Judge BURKE upon the ground that the only basis for denying effect to the resignation of the employee Klementowicz prior to the election would be that his resignation had been compelled as a consequence of an unfair labor practice. That question was decided adversely to the contention of the union by the Labor Relations Board. Judge FULD dissents in an opinion in which Judge BERGAN concurs.

BURKE, J.

The appellant, pursuant to a collective bargaining agreement, demanded arbitration as to "The Company's unjust discharge of Mr. Joseph Klementowicz on September 12, 1961". A motion to stay arbitration was denied. The Appellate Division has reversed and stayed the arbitration on the ground that the claim was submitted to and ruled on by the National Labor Relations Board.

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