Spartan Coat, Apron, Towel & Linen Supply Co. v. Simon
| Decision Date | 08 December 1958 |
| Parties | , 43 L.R.R.M. (BNA) 2233, 36 Lab.Cas. P 65,069 SPARTAN COAT, APRON, TOWEL AND LINEN SUPPLY CO., Inc., Appellant, v. Louis SIMON, individually and as Secretary-Treasurer of The Amalgamated Laundry Workers Joint Board, Amalgamated Clothing Workers of America, an unincorporated association, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Gerard Yore, New York City, for appellant.
Jacob Sheinkman, New York City, for respondent.
Before NOLAN, P. J., and BELDOCK, MURPHY, UGHETTA and KLEINFELD, JJ.
MEMORANDUM BY THE COURT.
In an action to restrain picketing and boycotting, the appeal is from so much of an order as denied appellant's motion for a temporary injunction and as granted respondent's motion to dismiss the complaint on the ground that the court has no jurisdiction of the subject matter of the action. Appellant is engaged in interestate commerce in the operation of a laundry linen service. For about 16 years it had contracts with respondent, a labor union, the last of which contracts expired December 1, 1957. Appellant refused to renew the contract. Respondent called a strike, commenced the picketing of appellant's premises and secondary picketing and boycotting of the premises of appellant's customers. After appellant had signed a contract with another union, which claimed to represent appellant's employees, this action was instituted. The complaint was dismissed on the ground that the acts charged by appellant are either protected or prohibited by the National Labor Relations Act () and that the matter is, therefore, within the exclusive jurisdiction of the National Labor Relations Board, and the State courts are without power to act.
Order insofar as appealed from affirmed, with $10 costs and disbursements.
KLEINFELD, J., dissents and votes to reverse the order insofar as appealed from and to grant appellant's motion and to deny respondent's motion, with the following memorandum:
When a union engages in picketing for the purpose of obtaining a collective bargaining agreement while the employer is under contract with another union, the picketing has an unlawful objective and should be enjoined (General Iron Corp. v. Livingston, 8 Misc.2d 538, 170 N.Y.S.2d 581, affirmed 4 A.D.2d 959, 168 N.Y.S.2d 470; J. Radley Metzger Co. v. Fay, 4 A.D.2d 436, 166 N.Y.S.2d 87, motion for leave to appeal denied 4 A.D.2d 861, 170 N.Y.S.2d...
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