Carey v. Westinghouse Electric Corporation

• Decision Date: 27 February 1964
• Docket Number: AFL-CI,A
• Citation: 248 N.Y.S.2d 876,14 N.Y.2d 581
• Parties: , 198 N.E.2d 256 In the Matter of James B. CAREY, as President of International Union of Electrical, Radio and Machine Workers,ppellant-Respondent, v. WESTINGHOUSE ELECTRIC CORPORATION, Respondent-Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 876

248 N.Y.S.2d 876

14 N.Y.2d 581, 198 N.E.2d 256

In the Matter of James B. CAREY, as President of International Union of Electrical, Radio and Machine Workers, AFL-CIO, Appellant-Respondent, v. WESTINGHOUSE ELECTRIC CORPORATION, Respondent-Appellant.

Court of Appeals of New York.

Feb. 27, 1964.

Appeal from Supreme Court, Appellate Division, First Department, 15 A.D.2d 7, 221 N.Y.S.2d 303.

Union brought proceeding to compel employer to arbitrate four grievances. The Special Term, Owen McGivern, J., directed arbitration on two of the grievances, dismissed the petition as to third grievance, and made a ruling, which was acquiesced in by the parties with respect to the fourth grievance, and both the union and the employer appealed.

The Appellate Division modified the order on the law and the facts by denying the motion with respect to the first grievance, and affirmed the order as modified. Eager, J., dissented in part.

The Court of Appeals, 11 N.Y.2d 452, 230 N.Y.S.2d 703, 184 N.E.2d 298, affirmed the order, and held that grievance involving 'time value allowance' was not covered by bargaining agreement's arbitration provisions, where agreement provided that no arbitrator shall be authorized to establish or modify any wage or salary rate or any time value under the incentive system. Fuld, J., dissented in part.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Order modified by reversing so much thereof as denies arbitration of the Baltimore Grievance, without costs, and matter remitted to Special Term for an order directing arbitration in accordance with the terms of the collective bargaining agreement.