Originally from Dispute Resolution Journal

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THIS review covers decisions in commercial, labor-management and accident claims cases, arranged under four headings: I. The Arbitration Clause and the Arbitrable Issue; II. The Enforcement of Arbitration Agreements; III. The Arbitrator and the Proceedings; and IV. The Award.

I. THE ARBITRATION CLAUSE AND THE ARBITRABLE ISSUE CHAPTER 11, BANKRUPTCY ACT — ORDER OF CONFIRMATION — DISCHARGED CLAIM NOT SUBJECT TO ARBITRATION UNDER COLLECTIVE BARGAINING AGREEMENT

Dispute concerning vacation pay benefits arising out of collective bargaining agreement may not be arbitratted where an Order of Confirmation was entered in bankruptcy proceedings of employer, thereby discharging said employer from all provable debts. Contention that vacation pay benefits constitute wages within the meaning of §17 of the Bankruptcy Act is valid but where wages were not earned within the three month period preceding the date of the filing of the petition for an arrangement, the claim therefor is not excluded from discharge. L. O. Koven & Brother, Inc. v. Local 5767, United Steelworkers, 250 F.Supp. 810 (D. N.J. 1966).