(DOWNLOAD) "Carey v. General Electric Co." by Second Circuit United States Court Of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: Carey v. General Electric Co.
• Author : Second Circuit United States Court Of Appeals
• Release Date : January 11, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

KAUFMAN, C. J.: This case comes before us on cross appeals from the disposition by Judge PALMIERI, in the United States District Court for the Southern District of New York, of a petition to compel arbitration of twelve labor grievances. The International Union of Electrical, Radio and Machine Workers, AFL-CIO, through its president, James B. Carey, instituted this proceeding in the New York Supreme Court, and the defendant, General Electric Company, elected to remove the case to the District Court by invoking section 301(a) of the Labor-Management Relations Act, 29 U.S.C. § 185. See 28 U.S.C. §§ 1441, 1446. The grievances in question arise under the collective bargaining agreement between General Electric and the union, as well as certain local supplement agreements controlling in various plants throughout the country. Over the employers objections that these grievances were without the jurisdiction of the arbitrator for several reasons - failure to comply with procedural conditions precedent, express exclusion from arbitration in the collective agreement, conflict with the exclusive jurisdiction of the National Labor Relations Board - Judge Palmieri, in a thorough opinion, ordered that the merits of all grievances except one be submitted for determination to the arbitrator. General Electric Company, hereafter referred to as the employer, asserts that Judge Palmieri erred in submitting any issues to arbitration; the union, in its cross appeal, asserts that he erred in withholding the one grievance from arbitration.

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