MATTER OF LABORERS INT'L UNION OF NORTH AM., LOCAL NO. 210 v. CLARK MATERIAL HANDLING, INC.


144 A.D.2d 916 (1988)

In the Matter of Laborers International Union of North America, Local No. 210, Appellant, v. Clark Material Handling, Inc., Respondent

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

November 15, 1988


Order unanimously reversed on the law without costs and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Special Term erred in its conclusion that an arbitration provision in a collective bargaining agreement was invalid because it gave the union the unilateral right to arbitrate at its option. In the context of Federal labor law, the fact that the arbitration provisions of the collective bargaining agreement...

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