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MATTER OF SAMUEL ADLER, INC. (LOCAL 584, ETC.)

282 A.D. 142 (1953)

In the Matter of the Arbitration between Samuel Adler, Inc., Respondent, and Local 584, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 2, 1953.

Attorney(s) appearing for the Case

Samuel J. Cohen for appellant.

Samuel Rubin of counsel (Herbert Thau with him on the brief; Samuel Rubin, attorney), for respondent.

PECK, P. J., DORE and BREITEL, JJ., concur in Per Curiam opinion; COHN, J., dissents and votes to affirm in opinion, in which GLENNON, J., concurs.

Per Curiam.

Respondent union appeals from an order of Special Term vacating an arbitration award. The award was vacated on the ground that the arbitrator's finding of improper discharge by petitioner employer of its employee, a driver on a milk route, was inconsistent with the direction in the award that the employee, upon reinstatement, forfeit two weeks' wages.

The question submitted to the arbitrator was...

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