Matter of Sholgen, Lipsett, Inc.

Full title: In the Matter of the Arbitration between SHOLGEN, Petitioner, and LIPSETT…

Court: Supreme Court, Special Term, New York County

Date published: Sep 9, 1952

14 Misc. 2d 296 (N.Y. Sup. Ct. 1952)

116 N.Y.S.2d 165

Opinion

September 9, 1952

Lawrence I. Hammer for petitioner.

Manning, Harnisch, Hollinger, Quinnan Shea for Lipsett, Inc., respondent.

Michael F. Pinto for Union, respondent.

ARTHUR H. SCHWARTZ, J.

A member of a union which has signed a collective agreement with an employer brings this proceeding to compel arbitration under that agreement. Petitioner, as an employee, is not a party to that agreement. Under the arbitration terms thereof, only the union has the right to demand arbitration and not any individual members of the union who may have a grievance. To permit individual employees to invoke the arbitration machinery of a collective agreement would disrupt the proper operation of such procedures. The motion is therefore denied. Since the union has submitted an affidavit to the effect that it has no objection to a determination of petitioner's grievance by arbitration, this motion is denied without prejudice to a demand for arbitration by the union.

Settle order.