Legal Opinion · Dissent
In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'n
New York Court of Appeals
Decided April 20, 1949Published
1DissentDesmond, J.
These parties agreed (§ 6, subd. [a]) to send to the named arbitrator for determination, all disputes “ with respect to the application .or interpretation of this contract ”. A dispute arose between them as to the application or meaning of so much of section 31 of the agreement as provided that ‘ ‘ there shall be no strikes or other stoppages of work during the life of this contract. ’ ’ The union, in connection with a strike called by another union, had refused to handle “ struck traffic ”. The arbitrator, after hearings, held that, in view of the tradition and customs of the industry, which…
2Cases cited5 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Matter of WilkinsNew York Court of Appeals · 1902
- S. A. Wenger & Co. v. Propper Silk Hosiery Mills, Inc.New York Court of Appeals · 1924
- In Re the Arbitration Between Morris White Fashions, Inc. & Susquehanna Mills, Inc.New York Court of Appeals · 1946