Opinion
November 27, 1961
In an arbitration proceeding, the corporate petitioner and the four individual petitioners appeal: (1) from an order of the Supreme Court, Queens County, dated May 5, 1961, which: (a) granted the respondent union's motion to confirm the arbitrator's award directing that the sales routes transferred to the individual petitioners, Freely, Chupka, McNally and Schlosser, shall be returned to the coverage of the collective bargaining agreement between the respondent union and the corporate petitioner, Lorenz-Schneider Co., Inc., to be served by route salesmen within the scope of article 1 (a) of said agreement; (b) denied petitioners' motion to vacate the award; and (c) directed said corporate petitioner to take managerial control of said routes and to run them with its own employees protected by the collective bargaining agreement; and (2) from the judgment of said court dated June 5, 1961, entered on said order. Order and judgment affirmed, with costs. The individual petitioners, former employees who purchased the routes were not parties to the collective bargaining agreement and had not participated in the proceedings before the arbitrator. Not being parties to the arbitration or to the agreement upon which it was held, such individual petitioners have no standing to move to vacate the award ( Matter of Soto [ Goldman], 7 N.Y.2d 397; Matter of Romanoff [ Nilow Realty Corp.], 273 App. Div. 788). Hence, we do not pass upon the questions urged solely in their behalf. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.