Opinion
April 25, 1950.
Present — Peck, P.J., Glennon, Dore, Cohn and Van Voorhis, JJ.
The dispute tendered for arbitration did not arise during the term of the agreement and is therefore not subject to arbitration under the arbitration provision of the agreement. Even if the arbitration clause were stretched to cover the claim here asserted after the expiration of the agreement, there would still be no arbitrable question as it appears that at that time all of those in behalf of whom the claim is made were no longer employees of the company and were in no position to take advantage of the vacation terms of the contract. Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion to direct arbitration denied.