International Ass'n of Machinists, Dist. No. 15, Local No. 402 v. Cutler-hammer, Inc.
| Court | New York Court of Appeals Court of Appeals |
| Writing for the Court | PER CURIAM. |
| Citation | Int'l Ass'n of Machinists, Dist. No 15, Local No. 402 v. Cutler-Hammer, Inc., 297 N.Y. 519, 74 N.E.2d 464 (N.Y. 1947) |
| Decision Date | 02 July 1947 |
| Parties | International Ass'n of Machinists, Dist. No. 15, Local No. 402 v. Cutler-hammer, Inc. |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department, 271 App.Div. 917, 67 N.Y.S.2d 317.
Proceeding in the matter of the arbitration of controversies between International Association of Machinists, District No. 15, Local No. 402, Robert Schrank as president of such Local No. 402, petitioner, and Cutler-Hammer, Inc. An agreement provided that ‘the company agrees to meet with the union early in July 1946 to discuss payment of a bonus for the first six months of 1946.’ The union did not contend that a discussion was not had but admitted that there was a discussion as to whether a bonus should be paid and took the position that the contract provision meant that a bonus must be paid and that all there was to discuss was the amount of the bonus to be paid. Logically, the union then contended that in absence of an agreement between the parties as to the amount of the bonus to be paid, the arbitrator should determine the amount.
From an order of the Supreme Court granting the motion of International Association of Machinists and Robert Schrank as president to compel arbitration, and denying the motion of Cutler-Hammer, Inc., to stay arbitration, Cutler-Hammer, Inc., appealed.
The order was reversed and the motion of the petitioner to compel arbitration was denied and the motion for stay of arbitration was granted by the Appellate Division, 271 App.Div. 917, 67 N.Y.S.2d 317. From the order of the Appellate Division, the petitioner appeals.
Affirmed.
Order affirmed with costs.
All concur except FULD, J., who dissents in the following memorandum, in which DESMOND, J., concurs:
A claim may be ‘so...
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...California law the so-called "Cutler-Hammer doctrine" (after a decision by the New York courts in International Ass'n of Machinists v. Cutler-Hammer (1947) 271 App.Div. 917, 67 N.Y.S.2d 317 (affd., 297 N.Y. 519, 74 N.E.2d 464), to the effect that arbitration should be denied if the meaning ......
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...for arbitration. Id., 363 U.S. 587, 80 S.Ct. 1347. It differs from the law of New York. Matter of International Ass'n of Machinists (Cutler-Hammer, Inc.), 297 N.Y. 519, 520, 74 N.E.2d 464; Matter of General Electric Co. (United Electrical Radio & Machine Workers), 300 N.Y. 262, 264, 90 N.E.......
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