MATTER OF S W FINE FOODS, INC., 7 N.Y.2d 1018 (1960)

200 N.Y.S.2d 59, 166 N.E.2d 853

In the Matter of the Arbitration between S W FINE FOODS, INC., Appellant, and OFFICE EMPLOYEES INTERNATIONAL UNION, LOCAL 153, AFL-CIO, Respondent.

Court of Appeals of the State of New York.Argued January 20, 1960
Decided March 24, 1960

Page 1019

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS A. AURELIO, J.

Murray E. Harston and J. David Delman for appellant.

Walter M. Colleran for respondent.

Order affirmed, with costs. In construing the language of this collective bargaining agreement as requiring the employer to pay its employees for Columbus Day, the arbitrator acted

Page 1020

within his powers and is not chargeable with misconduct under section 1462 of the Civil Practice Act. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.