Int'l Ass'n of Machinists, Dist. No 15, Local No. 402 v. Cutler-Hammer, Inc.

Decision Date02 July 1947
Citation297 N.Y. 519,74 N.E.2d 464
PartiesINTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT NO. 15, LOCAL NO. 402, Appellant, v. CUTLER-HAMMER, Inc., Respondent. CUTLER HAMMER, Inc., Respondent, v. INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT NO. 15, LOCAL NO. 402, Appellant.
CourtNew York Court of Appeals Court of Appeals

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.

PER CURIAM.

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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90 cases
  • Service Employees International Union v. County of Napa
    • United States
    • California Court of Appeals
    • December 19, 1979
    ...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 of the provision sought to be arbitrated is "beyond dispute." That doctr......
  • International Union of Elec., Radio and Mach. Workers, AFL-CIO v. General Elec. Co.
    • United States
    • Connecticut Supreme Court
    • September 26, 1961
    ...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.......
  • U.S. Steel Corp. v. United Mine Workers of America
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 24, 1975
    ...of the parties.6 See International Ass'n of Machinists v. Cutler-Hammer, Inc., 271 App.Div. 917, 67 N.Y.S.2d 317, aff'd, 297 N.Y. 519, 74 N.E.2d 464.7 United Steelworkers v. American Mfg. Co., 1960, 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403; United Steelworkers v. Warrior & Gulf Nav. Co.,......
  • Board of Educ. of Watertown City School Dist. (Watertown Educ. Ass'n), In re
    • United States
    • New York Court of Appeals Court of Appeals
    • April 1, 1999
    ... ... School Dist. [United Liverpool Faculty Assn.], 42 N.Y.2d 509, 399 N.Y.S.2d 189, 369 N.E.2d ... Assn., 49 N.Y.2d 732, 426 N.Y.S.2d 263, 402 N.E.2d 1165 [seniority dispute involving adequate ... what was left of the so-called "Cutler-Hammer" rule (Matter of International Assn. of s [Cutler-Hammer, Inc.], 297 N.Y. 519, ... 74 N.E.2d 464), in which ... ...
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4 books & journal articles
  • The misperception and ensuing error concerning the presumption of arbitrability in New York public employment.
    • United States
    • Albany Law Review Vol. 63 No. 2, December 1999
    • December 22, 1999
    ...only have a crippling effect on grievance arbitration." Id. at 566-67. As a result, International Ass'n of Machinists v. Cutler. Hammer, 74 N.E.2d 464 (N.Y. 1947) led to the enactment of section 1448(a) of the Civil Practice Act, the predecessor to the present section 7501 of the C.P.L.R. T......
  • § 29.2 Arbitration
    • United States
    • ADR in Oregon (OSBar) Chapter 29 Arbitration and Mediation in Labor Relations
    • Invalid date
    ...In Int'l Ass'n of Machinists Dist. No. 15, Local No. 402 v. Cutler-Hammer, Inc., 271 AD 917, 67 NYS2d 317, aff'd without opinion, 297 NY 519, 74 NE2d 464 (App Div 1947), the court adopted the posture that the court must examine the reasonableness of the parties' positions and refuse arbitra......
  • 12.18 - D. Noncompliance With Valid Agreement
    • United States
    • New York State Bar Association Lefkowitz on Public Sector Labor & Employment Law (NY) Chapter Twelve Arbitration and Contract Enforcement
    • Invalid date
    ...for the arbitrator to decide. The contract in Metro. Opera adopted the doctrine of Int’l Ass’n of Machinists v. Cutler-Hammer, Inc., 297 N.Y. 519 (1947), which gave the court authority to rule that clearly nonmeritorious claims were not arbitrable. The Metro. Opera court simply held that th......
  • 12.13 - 1. The Steelworkers Trilogy—Arbitrability In The Private Sector
    • United States
    • New York State Bar Association Lefkowitz on Public Sector Labor & Employment Law (NY) Chapter Twelve Arbitration and Contract Enforcement
    • Invalid date
    ...323 (1st Dep’t 2002).[5458] . Enterprise Wheel & Car Corp., 363 U.S. 593.[5459] . Int’l Ass’n of Machinists v. Cutler-Hammer, Inc., 297 N.Y. 519 (1947), abrogation recognized by Bd. of Educ. of Watertown City Sch. Dist. (Watertown Educ. Ass’n), 93 N.Y.2d 132, 688 N.Y.S.2d 463 (1999).[5460] ......

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