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LIVINGSTON v. NESTLE-LEMUR CO.

MAY 3, 1985

DAVID LIVINGSTON, as President of District 65, United Automobile, Aerospace and Agricultural Implement Workers, AFL-CIO, Plaintiff, against THE NESTLE-LeMUR COMPANY, Defendant


The opinion of the court was delivered by: SWEET

SWEET, D.J.

Plaintiff David Livingston, as president of District 65, United Automobile, Aerospace and Agricultural Implement Workers, AFL-CIO, ("District 65") has moved for summary judgment seeking enforcement of the arbitrator's award in District 65's dispute with the Nestle-LeMur Company ("LeMur"). The motion for summary judgment is granted.

Facts

 District 65 and LeMur are parties to a collective bargaining agreement which controlled working conditions at LeMur's manufacturing plaint in the Bronx. The terms of this agreement, which runs from June, 1982 until May 31, 1985, are not in dispute and include not only the terms of the June 1982 agreement but also various of the terms of collective bargaining agreements signed in 1971, 1974, 1976, 1978, and 1979 which were incorporated in the 1982 extension. Various of these provisions read as follows:

 
SUB-CONTRACTING
 
The Employer may continue its present practice of subcontracting work. The Employer may sub-contract other work if it does not cause a layoff of employees for lack of work.
 
NO MOVING
 
The Employer agrees that he shall not move any of its operations from its present location to any place beyond fifty miles from the present location or thirty-five miles from Columbus Circle whichever is greater.
 
In the event the Employer moves to a new location requiring extra travel time, severance pay for those employees who do not choose to transfer to the new location shall be paid in accordance with the severance pay formula provided for in individual supplements to this agreement.
 
The Employer shall reimburse employees who elect to go to the new locationfor the additional carfare required to travel to and from the new location. For those employees who had no carfare expense, the Employer shall pay only for carfare in excess of the New York City subway fare (round trip).
 
SEVERANCE PAY
 
5A. In the event the Employer liquidates or discontinues the present operations, in whole or in part which would result in permanent layoff, for any reason whatsoever, he agrees that severance pay shall be paid to the employees in the following manner:

  Employees employed 1 to 4 years 1 week " " 4 to 7 years 2 weeks " " 7 to 10 years 3 weeks " " 10 to 15 years 4 weeks " " 15 to 20 years 5 weeks " " 20 to 21 years 6 weeks " ...


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