Arnold Bakers, Inc. v. Strauss

• Decision Date: 10 May 1955
• Citation: 141 N.Y.S.2d 619
• Parties: 36 L.R.R.M. (BNA) 2225, 28 Lab.Cas. P 69,220 ARNOLD BAKERS, Inc., Arnold Bread Sales Corporation, Chester Plains Distributors, Inc., John Buckley, George Craft, Milton Jablow, Benjamin Lawlight, Theodore Ryder, Daniel Samela, Michael Hynes, Peter Nixon, Raymond Wilkens, Leonard Carlucci, Salvatore Masinello, David Yunger, John Edwin Goettel, and all those similarly situated, Plaintiffs, v. John STRAUSS, as President, and Robert J. Sullivan, as Treasurer, of Bakery and Pastry Drivers & Helpers Local 802, American Federation of Labor, an unincorporated association of seven or more members, Defendant.
• Court: New York Supreme Court

Page 619

141 N.Y.S.2d 619

36 L.R.R.M. (BNA) 2225, 28 Lab.Cas. P 69,220

ARNOLD BAKERS, Inc., Arnold Bread Sales Corporation, Chester

Plains Distributors, Inc., John Buckley, George Craft,

Milton Jablow, Benjamin Lawlight, Theodore Ryder, Daniel

Samela, Michael Hynes, Peter Nixon, Raymond Wilkens, Leonard

Carlucci, Salvatore Masinello, David Yunger, John Edwin

Goettel, and all those similarly situated, Plaintiffs, v. John STRAUSS, as President, and Robert J. Sullivan, as

Treasurer, of Bakery and Pastry Drivers & Helpers Local 802,

American Federation of Labor, an unincorporated association

of seven or more members, Defendant.

Supreme Court, Westchester County.

May 10, 1955.

Albertson, Sheldon & Simmons, New Rochelle (Frederick P. Close, White Plains, Robert G. Fanelli, New Rochelle, and Arthur F. Gaynor, White Plains, of counsel), for plaintiffs and the motion.

Samuel J. Cohen, New York City, for defendant, in opposition.

BRENNAN, Justice.

This is a motion for a temporary injunction in an action brought to restrain and enjoin the defendnat-union from the continued commission of certain acts and conduct and for damages resulting therefrom.

It is not disputed that one of the plaintiffs herein, Arnold Bakers, Inc., has always conducted and still conducts a union shop wherein it manufactures bread and bakery products. It also appears that at no time since the inception of its business has said Arnold Bakers, Inc., sold, distributed or delivered its products directly to retail stores or to retail consumers. In order to distribute its bread and bakery products, Arnold Bakers, Inc., has granted wholesale franchises to various wholesalers, to each of whom a large distribution area is assigned. Each wholesaler acquires or rents a wholesale terminal wherein he hires his own staff and operates his business. The wholesaler, in turn, subdivides his assigned area into numerous portions and he grants franchises to various distributors, to each of whom a particular locality is assigned. Each distributor owns his own truck; buys and pays for his own gasoline, oil, garage space and automobile insurance; develops his route by his own efforts; determines his own working hours; purchases from the wholesaler such amounts and types of Arnold bakery products as he decides are saleable in his locality; and extends or declines to extend credit to his customers as he sees fit. In addition, each distributor has the right and power to sell his route and business for the best price obtainable and, in the event of death, his estate has the same right and power to sell and dispose of said route and business.

During the fall of 1954, the defendnat-union caused pickets bearing 'sandwich signs' to be placed in front of a number of retail stores which were customers of certain of the distributors herein. At the same time, the union distributed handbills to the buying public entering or leaving said stores. The plaintiffs firmly assert that the owners or managers of these retail stores were advised by the union's representatives that the picketing and handbill distribution would be terminated as and when the respective owner or manager agreed to and did refuse to purchase and handle the bread and bakery products of Arnold Bakers, Inc. These threats, it is alleged, were effective in many instances and the desired results obtained.

The defendnat-union urges that the instant application should be denied upon the grounds: (1) that the distributors in question are in reality employees of Arnold Bakers, Inc.; (2) that said union has the right to pursue its activities of picketing and handbill distribution for the purpose of organizing these distributors; and (3) that a 'labor dispute' exists between the union and said distributors.

From a consideration of all of the facts presented in the papers on this motion, this Court finds that the distributors herein are bona fide, independent enterprisers who operate their own businesses without any employees other than members of their immediate families. Nor, in this Court's view, is this finding affected by the rare emergencies and occasional situations...