In re the Abitration between Fitzgerald & Sperry Gyroscope Co.

Majority

p. 1036

In the Matter of the Arbitration between Joseph Fitzgerald, as President of Local 450, International Union of Electrical, Radio & Machine Workers, C.I.O., Respondent, and Sperry Gyroscope Company, a Division of Sperry Corporation, Appellant.

There are issues of fact which must be determined by the chosen medium of arbitration. It is noted that the denial of clearance was tentative and not final. It may be that questions of law and public policy will survive the arbitration, and as to which the arbitrator’s award may not be conclusive. Order unanimously affirmed, with $20 costs and disbursements to the petitioner-respondent. Present — Peek, P. J., Dore, Cohn, Bastow and Botein, JJ.