Wilson-Jacobi, Inc. v. Genuth

Decision Date17 July 1962
Docket NumberWILSON-JACOB,INC
Citation35 Misc.2d 596,230 N.Y.S.2d 797
Parties, Plaintiff, v. Louis GENUTH, individually and as Secretary-Treasury of Local 50, American Bakery & Confectionery Union of America, an unincorporated association, Defendant.
CourtNew York Supreme Court

Bernstein, Weiss, Hammer & Parter, New York City, for plaintiff.

O'Dwyer & Bernstien, New York City, for defendant.

PAUL J. WIDLITZ, Justice.

Motion for a temporary injunction restraining the defendant from publishing and distributing allegedly false and libelous handbills and circulars. Cross-motion to dismiss the complaint on the ground that the Court has no jurisdiction of the action.

The plaintiff is a Delaware Corporation having its principal office and plant in Syosset, Long Island. Its business is the manufacturing, packaging and distribution of fancy quality bakery products. It markets the products through leased departments in various supermarkets. Among the supermarkets are Hill's Supermarkets, Inc. and Waldbaum, Inc. The plaintiff's employees are represented by the Bakery and Confectionery Workers International Union of America, Local 102, by virtue of an agreement made on February 1, 1962.

The defendant, Local 50, American Bakery and Confectionery Union of America, seeking to eliminate Local 102 as a competitive union in the field and asserting that the said Local 102 is lowering wages and standards in the industry, heretofore picketed the Hill's Supermarket. Charges were filed against it with the National Labor Relations Board, resulting in a stipulation dated June 12, 1962 whereby defendant agreed to refrain from picketing Hill's Supermarkets, Inc. or any other handler of plaintiff's products.

However, on the same date, according to the complaint, the defendant caused the distribution of handbills and circulars to customers of supermarkets retailing plaintiff's products. Attached to the complaint are copies of the handbills or circulars.

The defendant contends that the activity of which complaint is made is arguably within the jurisdiction of the National Labor Relations Board. It is now accepted that a matter 'arguably' within the jurisdiction of the National Labor Relations Board should not be entertained by a State Court (Incres Steamship Company, Ltd. v. International Maritime Workers Union et al., 10 N.Y.2d 218, 219 N.Y.S.2d 21, 176 N.E.2d 719; Dooley v. Anton, 8 N.Y.2d 91, 202 N.Y.S .2d 273, 168 N.E.2d 356).

Although there are certain matters pending before the National Labor Relations Board between the parties to this action as to the activity complained of herein, it is plaintiff's contention that the National Labor...

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