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Matter of Int'l Brotherhood v. Pisciarino

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 1011 (N.Y. App. Div. 1991)

Opinion

February 1, 1991

Appeal from the Supreme Court, Onondaga County, Mordue, J.

Present — Dillon, P.J., Boomer, Pine, Balio and Lowery, JJ.


Judgment unanimously affirmed with costs. Memorandum: Respondents have failed to show any ground for vacating the arbitration award (see, CPLR 7511 [b] [1]). The collective bargaining agreement gave the Joint Trade Board, acting as arbitrator, the power to interpret the agreement and its interpretation may not be set aside by the court unless it is completely irrational (see, Matter of National Cash Register Co. [Wilson], 8 N.Y.2d 377, 383). The Board's interpretation that the agreement was binding upon respondent Pisciarino because he was a stockholder and officer of a party to the agreement when it was executed and that he was bound for the full term of the agreement was not entirely irrational.

The award of $12,000 was not punitive, but was designed to compensate petitioner for the loss its members would suffer by reason of respondents' violation of the contract.


Summaries of

Matter of Int'l Brotherhood v. Pisciarino

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 1011 (N.Y. App. Div. 1991)
Case details for

Matter of Int'l Brotherhood v. Pisciarino

Case Details

Full title:In the Matter of INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 1, 1991

Citations

170 A.D.2d 1011 (N.Y. App. Div. 1991)
566 N.Y.S.2d 164

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