MATTER OF A.F.C.O. METALS, INC. (LOCAL 580)


87 N.Y.2d 222 (1995)

661 N.E.2d 1365

638 N.Y.S.2d 585

In the Matter of the Arbitration between A.F.C.O. Metals, Inc., Respondent, and Local Union 580 of the International Association of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 27, 1995.


Attorney(s) appearing for the Case

Colleran, O'Hara & Mills, Garden City (Carol L. O'Rourke of counsel), for appellants.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.


SMITH, J.

The appellants claim that the respondent failed to make required contributions to union members' pension funds and seek arbitration of the dispute. Respondent claims that the dispute concerns what union had the right to perform the work here, a jurisdictional issue not subject to arbitration under the collective bargaining agreement. The issue presented on this appeal is whether the underlying dispute...

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