The appeal is from an order which denied petitioner employer’s motion to stay arbitration of a dispute allegedly arising under a collective bargaining agreement and granted respondent labor union’s cross motion to compel such arbitration.
The agreement provides that “ disputes arising under or in connection with this contract ” which have not been adjusted shall be submitted to arbitration. Respondents allege that when
Appellant employer points to the provision in the union contract that, The duties of all employees shall be determined by the Employer ” and contends that the introduction of the new system infringed upon no right of any employee under the contract but that arbitration of respondents’ complaints would, on the other hand, violate the employer’s right to manage its business. It seems obvious, however, that the right to determine “ the duties ” of the employees does not necessarily imply the right to increase the number of hours they shall work for the fixed wage provided in the contract. The controversial issue is not as to the employer’s legal “ right” under the contract to adopt such accounting procedures as it shall determine or to make like or other decisions as to the internal management of its business generally. Rather, the dispute relates to the impact of the employer’s presumably proper and authorized action upon hours and wages — the basic issues of industrial controversy. The arbitration provision would have little or no meaning or effect if every policy decision should, by the mere attachment of that label, be exempt from inquiry, however directly it should impair the employees’ economic rights and benefits contracted for. The broad scope of the provision for arbitration of disputes “ in connection with ” the contract was recognized and effectuated in Matter of Lipman (Haeuser Shellac Co.) (289 N. Y. 76, 80). An assertion by an employer
The order should be affirmed, with $10 costs.
Bergan, P. J., Coon, Reynolds and Taylor, JJ., concur.
Order affirmed, with $10 costs.
