In Re the Arbitration Between Local 345 of the Retail Store Employees Union & Heinrich Motors, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the supplemental award set aside.

In this collective bargaining agreement in the private sector the arbitration clause expressly provides that: “No award shall be effective retroactively beyond the date on which the grievance was first presented in writing pursu ant to the grievance procedure as herein provided, nor for any period subsequent to the termination of the Agreement”. The arbitrator disregarded this clause concluding that it would be unconscionable to give effect to it in this case.