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  5. 23 A.D.2d 288 (1965)
 

MATTER OF FITZGERALD (GEN. ELEC.)

23 A.D.2d 288 (1965)

In the Matter of the Arbitration between Albert J. Fitzgerald, as President of United Electrical, Radio and Machine Workers of America (UE), Appellant, and General Electric Company, Respondent

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

June 10, 1965.

Attorney(s) appearing for the Case

Frank J. Donner of counsel (Robert Z. Lewis with him on the brief), for appellant.

David L. Benetar of counsel (Thomas F. Hilbert, Jr., Robert C. Isaacs and Michael I. Bernstein with him on the brief; Nordlinger, Riegelman, Benetar & Charney, attorneys), for respondent.

RABIN, VALENTE and STEVENS, JJ., concur with McNALLY, J.; BREITEL, J. P., dissents in opinion.

McNALLY, J.

In this proceeding to compel arbitration in accordance with provision therefor in a collective bargaining agreement, the question presented is whether the grievances involve arbitrable disputes.

The collective bargaining agreement between petitioner and respondent dated October 27, 1960 provides for grievance procedure as to any dispute or grievance, and for arbitration thereof if it remains...

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