BENJAMIN RUSH EMPLOYEES UNITED v. McCARTHY


76 N.Y.2d 781 (1990)

Benjamin Rush Employees United, Appellant, v. Francis J. McCarthy, Jr., Doing Business as Benjamin Rush Center, Respondent.

Court of Appeals of the State of New York.

Decided June 28, 1990.


Attorney(s) appearing for the Case

Ira Paul Rubtchinsky and Bernard F. Ashe for appellant.

Dennis P. Hennigan for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The contractual agreement between petitioner union and respondent center includes an arbitration clause which provides: "The decision of the arbitrator shall be advisory unless accepted by both parties[,] in which case it will become binding." The grievance of a discharged union employee was tendered by the parties to arbitration in accordance...

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