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Matter of Davis

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1972
40 A.D.2d 520 (N.Y. App. Div. 1972)

Opinion

July 5, 1972


Proceeding pursuant to section 716 (subd. 6, par [b]) of the Labor Law to confirm an arbitration award. Application granted, without costs. Settle order on five days' notice. In our opinion, the representation issue was finally determined by the prior proceedings before the Labor Board and this court. In view of respondent's protracted and uninterrupted refusal to bargain with the petitioner labor union, the prior determination of the Labor Board that such conduct constituted an unfair labor practice, and respondent's contempt of this court's order of October 26, 1970 (see Matter of Davis [ Adelphi Hosp.], 35 A.D.2d 737), we do not think it was necessary for the union to file another unfair labor practice charge to activate the arbitration provisions of section 716 Lab. of the Labor Law. There was substantial evidence in the record to provide a reasonable basis for the award ( Mount St. Mary's Hosp. of Niagara Falls v. Catherwood, 26 N.Y. 493, 508). Hopkins, Acting P.J., Latham, Shapiro, Gulotta and Christ, JJ., concur.


Summaries of

Matter of Davis

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1972
40 A.D.2d 520 (N.Y. App. Div. 1972)
Case details for

Matter of Davis

Case Details

Full title:In the Matter of the Arbitration between LEON J. DAVIS, as President of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 5, 1972

Citations

40 A.D.2d 520 (N.Y. App. Div. 1972)