MATTER OF BORDEN, INC. v. LOCAL 50, AM. BAKERY & CONFECTIONERY WORKERS UNION, AFL-CIO


38 A.D.2d 812 (1972)

In the Matter of Borden, Inc., Appellant, v. Local 50, American Bakery & Confectionery Workers Union, AFL-CIO, Respondent

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

February 17, 1972


Respondent shall recover of appellant $30 costs and disbursements of this appeal.

This submission presents the issue of whether a dispute between an employer and a labor union concerning the applicability of an agreement to employees of subsequently opened stores may proceed contemporaneously to arbitration before the courts of New York State and a Federal court, the latter having the question of the exclusivity of the National Labor Relations Board jurisdiction....

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