In Re the Arbitration Between Belding Heminway Co. & Wholesale & Warehouse Workers' Union, Local 65, C.I.O.
In Re the Arbitration Between Belding Heminway Co. & Wholesale & Warehouse Workers' Union, Local 65, C.I.O.
Opinion of the Court
Whether the appellant was bound to employ at its New Jersey plant members of the respondent union was a debatable question which called for a decision as to the scope of the collective bargaining agreement between the parties. This question, we think, was for the court, not for the arbitrators. (Matter of Bullard v. Grace Co., 240 N. Y. 388, 395.) The orders should be reversed and the matter remitted to Special Term for decision of the preliminary issue above stated.
The orders should be reversed and the matter remitted to the Special Term for further proceedings in accordance with this opinion, with costs to abide the event.
Loughkan, Ch. J., Lewis, Conway, Desmond, Thacheb and Fuld, JJ., concur; Dye, J., taking no part.
Orders reversed; etc.
Reference
- Full Case Name
- In the Matter of the Arbitration Between Belding Heminway Company, Appellant, and Wholesale and Warehouse Workers’ Union, Local 65, C.I.O., Respondent
- Cited By
- 19 cases
- Status
- Published