In re the Arbitration between Shine's Restaurant, Inc. & Waiters & Waitresses Union, Local No. 1

Motion by petitioner employer to stay arbitration instituted by respondent union, upon the ground that the arbitration was not initiated within the time prescribed by section 3 of the collective bargaining agreement entered into between the parties.

Cross motion by respondent to dismiss the petition of the employer upon the grounds (1) the court has no jurisdiction of the person of respondent; (2) the petition does not state facts sufficient to constitute a cause of action.

The cross motion is denied. A motion to stay arbitration is not an original special proceeding, but it is a step in an…