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- Title
JURISDICTIONAL DISPUTE -- COLLECTIVE BARGAINING AWARD -- PRE-EMPTION BY NLRB -- CPLR 7511 -- NEW YORK.
- Abstract
The article evaluates the court case "Meyers v. Kinney Motors," related to jurisdictional dispute in collective bargaining award under CPLR 7511. In this case, although the appellate division refused to confirm an arbitrator's award--which determined that workers in a newly opened automobile agency were bound by a previously negotiated collective bargaining agreement because of a subsequent National Labor Relations Board (NLRB) ruling--the court did not vacate the award as none of the grounds for vacating listed in CPLR 7511 existed. In stead, the court stated that the award would continue along with the proceeding to confirm in order that, in the event that the NLRB ruling be changed by the board itself or on review by the United States Court of Appeals it remain viable and unaffected by the one-year limitation of time for confirming awards.
- Subjects
UNITED States; LABOR union jurisdictional disputes; ARBITRATION &; award; COLLECTIVE labor agreements; LABOR disputes; UNITED States appellate courts
- Publication
Arbitration Journal, 1969, Vol 24, Issue 3, p192
- ISSN
0003-7893
- Publication type
Article