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STRAUSS v. SILVERCUP BAKERS, INC.

No. 174, Docket 30069.

353 F.2d 555 (1965)

John STRAUSS, as President, or Robert J. Sullivan, as Secretary-Treasurer of Bakery Drivers Union Local 802, International Brotherhood of Teamsters, Appellant, v. SILVERCUP BAKERS, INC., Appellee.

United States Court of Appeals Second Circuit.

Decided December 9, 1965.

Attorney(s) appearing for the Case

Samuel J. Cohen, New York City (Bruce H. Simon, Stanley M. Berman, and Cohen & Weiss, New York City, on the brief), for appellant.

Thomas W. Gleason, New York City (Gleason & Miller, New York City on the brief), for appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal by Bakery Drivers Union Local 802 (the Union) from an order directing the Union to proceed to arbitration in its dispute with Silvercup Bakers, Inc. (Silvercup).

Members of the Union deliver Silvercup's products. Since 1951, delivery employees have been on a "Swing Operation," under which deliveries are made six days a week by employees, none of whom work more than five days a week. To make this possible, the Company...

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