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MATTER OF VON ROLL ISOLA USA, INC.

304 A.D.2d 934 (2003)

758 N.Y.S.2d 698

In the Matter of the Arbitration between VON ROLL ISOLA USA, INC., Respondent, and INTERNATIONAL UNION OF ELECTRONIC, ELECTRICAL, SALARIED, MACHINE, AND FURNITURE WORKERS, AFL-CIO, LOCAL 301, Appellant.

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

Decided April 10, 2003.

Lahtinen, J.

In January 1995, petitioner's corporate predecessor, Insulating Materials, Inc. (hereinafter IMI), terminated the employment of David Stringham, a member of respondent labor union. The termination was withdrawn when IMI, Stringham and respondent executed a last chance agreement, which provided in relevant part: "Any future violations of IMI's Code of Conduct, regardless of the gravity of the offense, will result in immediate dismissal without any right...

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