Park Ave. Clinical Hospital v. Kramer

• Decision Date: 30 June 1966
• Citation: 26 A.D.2d 613,271 N.Y.S.2d 747
• Parties: , 63 L.R.R.M. (BNA) 2061, 54 Lab.Cas. P 51,550 The PARK AVENUE CLINICAL HOSPITAL, Appellant, v. Jay KRAMER, James Amadei, and Martin Greene, as members of the New York, StateLabor Relations Board, Respondents.
• Court: New York Supreme Court — Appellate Division

Page 747

271 N.Y.S.2d 747

26 A.D.2d 613, 63 L.R.R.M. (BNA) 2061,

54 Lab.Cas. P 51,550

The PARK AVENUE CLINICAL HOSPITAL, Appellant, v.Jay KRAMER, James Amadei, and Martin Greene, as members of the New York, StateLabor Relations Board, Respondents.

Supreme Court, Appellate Division, Fourth Department.

June 30, 1966.

Harris, Beach, Wilcox, Dale & Linowitz, Rochester, for appellant(Richard L. Epstein, Rochester, of counsel).

Louis J. Lefkowitz, Atty. Gen., Albany, for respondents(Ruth V. Iles, Albany, of counsel).

Before WILLIAMS, P.J., and BASTOW, GOLDMAN, HENRY, and MARSH, JJ.

MEMORANDUM:

Plaintiff seeks a judgment declaring that sections 701,713,715and716 of Article 20(New York State Labor Relations Act) of the Labor Law are unconstitutional in so far as they apply to a nonprofit hospital.Special Term correctly held that no issues of fact were presented upon the motion for summary judgment.It further concluded that there was no merit to plaintiff's claims that the several sections were unconstitutional and dismissed the complaint (48 Misc.2d 826, 266 N.Y.S.2d 147).Such dismissal was erroneous and judgment should have been entered declaring the rights of the parties(Hoffman v. City of Syracuse, 2 N.Y.2d 484, 487, 161 N.Y.S.2d 111, 112, 141 N.E.2d 605, 606).We further agree with the holding implicit in the decision of Special Term that sections 701,713and715 in so far as they apply to a nonprofit hospital are valid and constitutional.Judgment should be entered making such a declaration.We conclude, however, that plaintiff's attack on section 716 is premature and the constitutionality of this section should not be reached or passed upon in this action.Briefly stated the several amendments to Article 20 in 1963 and 1965(L.1963, ch. 515;L.1965, ch. 133) extended to employees of nonprofit hospitals and residential care centers throughout the State the right to organize, to join labor organizations and to bargain collectively (§ 703).Section 713 makes it unlawful for such employees to strike or for such a hospital or center to cause any lockout of its employees.The void thus created by prohibiting strikes and lockouts was filled by the provisions of section 716 which set up elaborate procedures for the settlement of any 'grievance' or 'dispute'.All that has taken place so far in this case is that a named union in June, 1965 filed with the State Labor Relations Board a petition pursuant to section 705 asking to be certified as the representative for the purpose of collective bargaining for certain groups of employees of plaintiff.Following an informal conference this action was commenced.Procedurally, plaintiff is far removed from any of the provisions of section 716.Presumably, there will have to be a vote of the employees to determine if they want to be represented by the petitioning union.If the vote is in the affirmative the parties will attempt to negotiate a contract.Such an agreement may contain a provision for submission of grievances or disputes, or both, to arbitration.If a contract is negotiated containing an arbitration clause the provisions of section 716 will have no applicability.Thus, the utilization of any...