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LABOR REL., N. Y. BLDRS. v. GORDON

41 A.D.2d 25 (1973)

In the Matter of Labor Relations Section of the Northern New York Builders Exchange, Inc., et al., Respondents, v. Robert Gordon, as President of Local No. 545, International Union of Operating Engineers, Appellant

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

February 23, 1973.

Attorney(s) appearing for the Case

Blitman & King (Charles E. Blitman, Nathan H. Blitman and Thomas J. Maroney of counsel), for appellant.

Bryant, O'Dell & Basso (Robert H. Basso of counsel), for respondents.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Lawrence L. Doolittle of counsel), on behalf of New York State Mediation Board, amicus curiae.

GOLDMAN, P. J., DEL VECCHIO, SIMONS and HENRY, JJ., concur.

WITMER, J.

This is an appeal from a judgment (denominated "order") granting the motion of Labor Relations Section of the Northern New York Builders Exchange, Inc. and Edward L. Nezelek, Inc. (Nezelek) to vacate an arbitrator's award and directing a new hearing before a new arbitrator.

The collective bargaining agreement between the parties hereto, Nezelek on the one hand and International Union of Operating...

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