In re the Arbitration between Teschner & Livingston

Cohn, J. P., and Callahan, J.

(dissenting). Petitioner, a small textile jobber, entered into a collective bargaining agreement with respondent union on November 17,1953, with respect to his only employee, a shipping clerk. In January, 1954, the poor financial condition of his business allegedly required its forced liquidation, and petitioner thereupon disposed of his inventory, surrendered his leasehold, dismissed his employee and gave him three weeks’ severance pay.

The collective bargaining agreement between petitioner and the union provided for the adjustments of all complaints and disputes…