MATTER OF BLAMOWSKI


233 A.D.2d 846 (1996)

649 N.Y.S.2d 853

In the Matter of the Arbitration between Leonard Blamowski, Respondent, and Munson Transportation, Inc., Appellant

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

November 8, 1996


Judgment unanimously reversed on the law without costs, petition dismissed, cross petition granted and award vacated.

Memorandum:

Supreme Court erred in granting the petition to confirm the arbitration award. Because there was only one unit employee employed on a permanent basis by respondent, it was free to terminate petitioner and was not bound by the collective bargaining agreement to arbitrate the grievance (see, Stack Elec., 290 NLRB 575...

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