MATTER OF LOCAL 345 OF THE RETAIL STORE EMPLOYEES UNION


63 N.Y.2d 985 (1984)

In the Matter of the Arbitration between Local 345 of the Retail Store Employees Union, Respondent, and Heinrich Motors, Inc., Appellant.

Court of Appeals of the State of New York.

Decided November 15, 1984.


Attorney(s) appearing for the Case

William E. McKnight and Michael A. Hausknecht for appellant.

Harold Cohen for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the supplemental award set aside.

In this collective bargaining agreement in the private sector the arbitration clause expressly provides that: "No award shall be effective retroactively beyond the date on which the grievance was first presented in writing pursuant to the grievance procedure...

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