Opinion
December 18, 1951.
Present — Peck, P.J., Dore, Callahan, Van Voorhis and Shientag, JJ. [See post, p. 857.]
We find the attack upon the arbitrator for alleged misconduct entirely unfounded. It would appear, however, that he has failed to complete the award by passing on all controversies in that the award does not specify how much each employee is to receive or name the employees to receive the same. We return the matter to him for further action. We suggest that the arbitrator re-examine the sums awarded, particularly the item of commissions in the sum of $37,527.33 to the six drivers, to ascertain whether he intended to include improperly commissions on sales to State institutions and others listed on company's Exhibit A2 and to correct his award if he erroneously included same. Settle orders on notice in accordance herewith and with costs to the appellant.