From the record it appears that one of the issues necessary to a proper resolution of the controversy by the arbitrator was never submitted to him, that is, the issue of a proper remedy (§ 28.2) if he found that section 28.1 of the collective bargaining agreement had been violated. The parties hereto have caused unnecessary litigation by agreeing to a stipulated question which did not resolve the issue.
Judgment reversed, on the law and the facts, without costs...
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