— In a proceeding to compel arbitration of the issue of the discharge of two union members, the appeal is from a judgment of the Supreme Court, Rockland County (Stolarik, J.), dated November 3, 1983, which granted the application and denied appellant’s cross application for an order staying arbitration.
Judgment affirmed, with costs.
The expiration date set forth in the parties’ prior collective bargaining agreement was June 1,1983 and the new agreement was not executed by the parties until August 1, 1983. In the interim, appellant had discharged two union members for alleged misconduct during a strike by employees. The union commenced this proceeding to compel appellant to arbitrate the subject discharges under the broad arbitration clause of the new collective bargaining agreement. Appellant contends that Special Term erred in granting the union’s application because there was no agreement to arbitrate the subject disputes.
Since the duty to arbitrate is wholly contractual, courts have held that arbitration is not mandated where the dispute between the parties arose after the expiration of a collective bargaining agreement and prior to the execution of the new agreement (see Procter & Gamble Ind. Union v Procter & Gamble Mfg. Co., 312 F2d 181, 186, cert den
The rule, in the field of labor relations, is that controversies arising between the parties to a collective bargaining agreement fall within the scope of a broad arbitration clause unless the parties have employed language which clearly manifests an intent to exclude a particular subject matter (see Matter of Acting Supt. of Schools [United Liverpool Faculty Assn.],
Consequently, Special Term correctly concluded that there was an agreement to arbitrate the issue of the subject discharges (see Buffalo Police Benevolent Assn. v City of Buffalo, supra). Mollen, P. J., Gibbons, Weinstein and Rubin, JJ., concur.