Citation Numbers: 7 Misc. 2d 877
Judges: Spector
Filed Date: 8/12/1957
Status: Precedential
Modified Date: 2/5/2022
In this matter an action was initiated in this court by an employee. The complaint consisted of two causes of action, the first against a union and his employer as well as some individuals for conspiring to cause his unlawful discharge, the second against his employer for unlawful discharge. A motion was made by the union to stay the proceeding until arbitration was had according to the collective bargaining agreement between the union and the employer. An order was entered by consent of the parties granting the stay.
This is a motion to confirm the award. The employee contends that he wasn not a party to the arbitration and that judgment cannot be entered against him and that he may continue his action in this court. With these contentions the court is not in agreement. The employee is bound by the award in arbitration (Matter of Mencher [Abeles & Kahn], 274 App. Div. 585, 590).
However, there is another phase of this proceeding that is more difficult to determine. If the sole claim of the employee was based on the first cause of action, i.e., conspiracy, that matter could not have been referred to arbitration, as it would not have been an arbitrable controversy under the terms of the
Settle order.