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COMMUNICATIONS WKRS. OF AMER. v. NEW YORK TELEPHONE CO.

209 F.Supp. 389 (1962)

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, Plaintiff, v. NEW YORK TELEPHONE COMPANY, Defendant.

United States District Court S. D. New York.

October 1, 1962.

Attorney(s) appearing for the Case

Cooper, Ostrin, Devarco & Ackerman, New York City, for plaintiff; Herman E. Cooper, George A. Nicolau, and Ronald J. Brooks, New York City, of counsel.

Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendant; Edward Silver, William Witman, Martin J. Oppenheimer, New York City, of counsel.

TYLER, District Judge.

Plaintiff ("the Union") sues to compel defendant ("the Company") to arbitrate a grievance relating to temporary promotions of personnel. Both parties, agreeing that there is no real issue of fact between them, have moved for summary judgment. For reasons to be discussed hereinafter, the Company's cross motion for summary judgment dismissing the action is granted.

The collective bargaining agreement between the parties, executed on June...

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