22 A.D.2d 785 | N.Y. App. Div. | 1964
Order, entered August 7, 1964, denying petitioner’s motion to stay an arbitration, unanimously reversed on the law and on the facts, with $30 costs and disbursements to appellant, and the motion granted, with $10 costs. The question here is whether a collective agreement which provides for arbitration of disputes, requires arbitration of respondent’s claim against petitioner. The agreement is between a union and an association in which the petitioner and respondent herein are members. Respondent, in complaining to the impartial chairman named in the collective agreement, seeks an injunction and damages for the violation of restrictive covenants in individual contracts of employment entered into between respondent and two of its former employees, who are now employed by petitioner. The collective agreement rcognizes and approves the validity of individual contracts of employment containing restrictive covenant provisions. In addition, the collective agreement provides (art. XIV) that the impartial chairman shall have "jurisdiction over all such