Beiso v. Robilotto, 294
| Decision Date | 28 December 1960 |
| Docket Number | D,No. 294,294 |
| Citation | 26 Misc.2d 137,212 N.Y.S.2d 504 |
| Parties | Rocco BEISO, Arthur Hunt, Leo Lester and John McGraw, Plaintiffs, v. Nicholas ROBILOTTO, as President, and Edmund Ray, as Treasurer, of Team Drivers Local Unionefendants. |
| Court | New York Supreme Court |
Arthur F. McGinn, Jr., Albany, for plaintiffs.
Harry Pozefsky, Gloversville, for defendants.
At a meeting of Local 294 held on December 4, 1960, plaintiff McGraw was nominated for the office of Secretary-Treasurer and in turn nominated plaintiff Beiso for Recording Secretary and plaintiff Hunt for President. In addition plaintiff Lester was nominated for the office of business agent. All nominations were rejected except that of plaintiff McGraw, whose name will appear on the ballot for an election scheduled on January 8, 1961. The plaintiff McGraw and the rejected nominees seek that the names of said rejected nominees be placed on the ballot on the ground that rights established by the Constitution and By-laws of Local 294, the Constitution of the International Union and the Labor-Management Reporting and Disclosure Act of 1959 (73 U.S.Stat. 519 et seq., 29 U.S.C.A. § 401 et seq.), commonly known as the Landrum-Griffin Act, were violated.
On this motion plaintiffs seek a temporary injunction restraining the election. Defendant has cross-moved for an order pursuant to rule 106 of the Rules of Civil Practice dismissing the complaint on the ground that this court does not have jurisdiction of the subject matter of the action and on the further ground that the complaint does not state facts sufficient to constitute a cause of action.
The Labor-Management Reporting and Disclosure Act of 1959 sets forth a scheme for union elections under certain regulations to insure the fairness thereof. If plaintiffs here sought only the enforcement of rights created by such statute, there might be some merit in the contention of defendant that the doctrine of pre-emption applied and this court was bereft of jurisdiction. However, additionally, plaintiffs by their allegations seek the enforcement of rights given to them by the Constitution and By-laws of Local 294 and the Constitution of the International Union. The Landrum-Griffin Act specifically provides that 'Existing rights and remedies to enforce the constitution and by-laws of a labor organization with respect to elections prior to the conduct thereof shall not be affected by the provisions of this subchapter.' 29 U.S.C.A. § 483 (emphasis supplied). Such proviso is a manifestation of congressional assent to the jurisdiction of this court invoked by the plaintiffs.
Defendant also asserts that the complaint must fall because there is not a sufficient showing therein that there was an exhaustion of inter-union remedies. Plaintiffs appealed to the International Union immediately. On December 9, 1960 the Hunt nomination was rejected by the President of the International Union but up to December 11,...
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Libutti v. Di Brizzi
...to him by the union constitution and bylaws, including the right to stand for election to union office. E. g., Beiso v. Robilotto, 26 Misc.2d 137, 212 N.Y.S.2d 504 (S.Ct.1960); Maineculf v. Robinson, 19 Misc.2d 230, 189 N.Y.S.2d 712 (S.Ct.1958). The appellants have not disputed this proposi......
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Jackson v. NATIONAL MARINE ENG. BEN. ASS'N OF USA
...remedies in a state court before the election is held, apart from the Act. In this connection, it is noted that Beiso v. Robilotto, 26 Misc.2d 137, 212 N.Y.S.2d 504 (1960), cited for plaintiff, was a decision of the Supreme Court of the State of New York, Albany This Federal Court has no ju......