Gomez v. Fed. Stevedoring Co. Inc.
| Decision Date | 29 September 1949 |
| Docket Number | No. A-416.,A-416. |
| Citation | 68 A.2d 482 |
| Parties | GOMEZ v. FEDERAL STEVEDORING CO., Inc. |
| Court | New Jersey Superior Court |
OPINION TEXT STARTS HERE
The Division of Workmen's Compensation of the New Jersey Department of Labor & Industry awarded compensation to John Gomez, Jr., for an accident which happened in Brooklyn while employed by the Federal Stevedoring Company, Inc., and the defendant appealed.
The Superior Court, Appellate Division, John B. McGeehan, S.J.A.D., held that the contract of employment was made in the state of New Jersey and affirmed the award.
Before Judges McGEEHAN, COLIE and EASTWOOD.
Sidney M. Schreiber, Newark (McKeown & Schreiber, Newark, attorneys; Roger F. Lancaster, Newark, on the brief), for defendant-appellant.
Seymour B. Jacobs, Newark (Fred Freeman, Newark, attorney), for petitioner-respondent.
The opinion of the court was delivered by McGEEHAN, S.J.A.D.
This appeal is from a judgment of the Division of Workmen's Compensation of the New Jersey Department of Labor and Industry awarding compensation to the petitioner. The accident happened in Brooklyn, New York. Defendant contends (1) outside the State of New Jersey, and (2) that the Division of Workmen's Compensation failed to give full faith and credit to the award of the New York Compensation Bureau.
The defendant had its office in New York City and was engaged in the stevedoring business in and around New York harbor. Milton Held, treasurer of the defendant, had the direct supervision over hiring of employees. On February 9, 1948, after a meeting with defendant's superintendents, he arranged for the various gangs that were to be hired. On this particular day he wished to hire some men from Newark, New Jersey. He called the I.L.A. Union Hall at Newark, New Jersey, and asked them to send over ‘a couple of gangs' to a specified job in Brooklyn, New York. A gang consists of a hatch boss and twenty men. The Union maintains a bulletin board in the Longshoremen's Cafe in the City of Newark where the various longshoremen meet and look for work. This board contains the name of each hatch boss, and as the orders from the stevedoring companies come in for men, the Union delegate transmits these orders to a hatch boss by writing under his name how many men he is to take, where he is to go, and the time of reporting for work. The hatch boss then completes a gang and arranges for their appearance on the job.
When the call came from Held on February 9, 1948, the Union delegate posted the usual information under the name of a hatch boss, Fernandez. Following the regular practice, Fernandez on that day told the members of his gang, including the petitioner, that they had this job in Brooklyn on the following day and to meet at 7 a.m. the following morning at the cafe in Newark. Pursuant to Fernandez's instructions, the members of his gang, including the petitioner, met him at the cafe in Newark at 7 a.m. the following morning and went by automobile to the job in Brooklyn. When the gang arrived at the job, the stevedore told the hatch boss where his gang was to work. There was no discussion of wages or hours, since these were fixed by union contract and that the contract of employment was made were known to all the parties. The petitioner took orders only from his hatch boss, Fernandez. While working on this job in Brooklyn on February 10, 1948, the petitioner was injured.
When a contract of employment is made in this State, it is immaterial whether the compensable accident occurs here or elsewhere. Gotkin v. Weinberg, 2 N.J. 305, 66 A.2d 438 (1949). We agree...
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