Legal Opinion

In re the Arbitration between S & W Fine Foods, Inc. & Office Employees International Union, Local 153

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 1959PublishedCited by 13 opinions

1Per curiam

Special Term set aside an arbitration award rendered under a labor-management collective bargaining-agreement. In doing so it accepted the argument of the employer that the arbitrator’s award rested on a “ perverse misconstruction” of the testimonial and documentary proof submitted on the arbitration hearing.

Involved in the arbitration was the interpretation of the clause in the collective agreement allowing to employees specified holidays with pay. The union demanded such pay for holidays for nonworking days,' such as Saturday, even though the holiday was not celebrated on any following…

2Cases cited4 opinions

  1. Matter of WilkinsNew York Court of Appeals · 1902
  2. In re the Arbitration between Spectrum Fabrics Corp. & Main Street Fashions, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
  3. In re the Arbitration between Spectrum Fabrics Corp. & Main Street Fashions, Inc.New York Court of Appeals · 1955
  4. In re the Arbitration of & Concerning Certain Matters in Difference between Pine Street Realty Co. & CoutroulosAppellate Division of the Supreme Court of the State of New York · 1931

3Cited by13 opinions

  1. In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
  2. In re the Arbitration between Shand & Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
  3. Autoridad Sobre Hogares v. Tribunal Superior de Puerto RicoSupreme Court of Puerto Rico · 1961
  4. Nelson Paving Co., Inc. v. HjelleNorth Dakota Supreme Court · 1973
  5. Madison Metropolitan School District v. Wisconsin Employment Relations CommissionCourt of Appeals of Wisconsin · 1978

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