Legal Opinion
In re Berger
New York Supreme Court
Decided March 12, 1948PublishedCited by 19 opinions
1Opinion of the CourtHofstadter, J.
This is a proceeding to compel arbitration under a collective bargaining agreement between a labor union and an employer. The issue between the petitioning union and the respondent employer is whether the dispute which has arisen is arbitrable under the collective agreement.
The employer has moved to dismiss the petition on the ground that it does not state facts sufficient to warrant the relief demanded. The employer has, however, also filed a detailed answering affidavit setting forth the facts later recited in this opinion and the petitioner has in turn replied. Inasmuch as all the facts…
2Cases cited4 opinions
- In Re the Arbitration Between International Association of MacHinists, District No. 15, Local No. 402, & Cutler-Hammer, Inc.New York Court of Appeals · 1947
- In Re the Arbitration Between Belding Heminway Co. & Wholesale & Warehouse Workers' Union, Local 65, C.I.O.New York Court of Appeals · 1946
- In re Towns & James, Inc.New York Supreme Court · 1944
- In re the Arbitration between Strauss Stores Corp. & Local 830 Retail & Wholesale Employees UnionNew York Supreme Court · 1947
3Cited by19 opinions
- Engineers Association v. Sperry Gyroscope Company, Division of Sperry Rand CorporationCourt of Appeals for the Second Circuit · 1957
- Local Lodge 2040, International Association Of Machinists, Afl-Cio v. Servel, Inc.Court of Appeals for the Seventh Circuit · 1959
- Sloan v. Journal Publishing Co.Oregon Supreme Court · 1958
- In re the Arbitration between B. F. Curry, Inc. & ReddeckNew York Supreme Court · 1949
- Sunnyvale Westinghouse Salaried Employees Ass'n v. Westinghouse Electric Corp.District Court, W.D. Pennsylvania · 1959
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