MATTER OF PINELAWN CEMETERY v. LOCAL 365 CEMETERY WORKERS & GREENS ATTENDANTS UNION


177 A.D.2d 274 (1991)

In the Matter of Pinelawn Cemetery, Appellant, v. Local 365 Cemetery Workers and Greens Attendants Union et al., Respondents

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

November 7, 1991


Petitioner contends that respondent Edgordo Aponte is precluded from arbitrating the legality of his discharge pursuant to a provision of the collective bargaining agreement between petitioner and respondent Local 365 which provides, "All claims of employees for back pay or otherwise shall be considered waived and discharged unless filed with the Union by the employees within 30 days of the accrual of the claim and registered by the Union with the Employer within 10 days...

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