New York Court of Appeals, 1968

District 2, Marine Engineers Beneficial Ass'n v. New York Shipping Ass'n

New York Court of Appeals · Decided June 14, 1968

22 N.Y.2d 809; 239 N.E.2d 650; 292 N.Y.S.2d 908; 1968 N.Y. LEXIS 1262; 69 L.R.R.M. (BNA) 2712

Cases that cite this one

2 later published cases cite this decision.

Marine Officers Ass'n Local Union No. 54 v. Ohio River Sand Co. (Ky. Ct. App. 1971)
International Bureau for Protection & Investigation, Ltd. v. Public Service Employees Union Local No. 80 (New York Supreme Court 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order modified by denying defendants’ cross motion for a temporary injunction against picketing by plaintiff union, and, as so modified, affirmed, without costs, in a memorandum. Ques*812tion certified answered in the negative. The purpose of the picketing in question was not “ unlawful ”, and section 807 of the Labor Law prevents issuance of an injunction. Section 14 (subd. [a]) of the Labor Management Relations Act prevents supervisors’ unions from claiming the benefit of statutes requiring employers to bargain collectively but does not limit their right to engage in otherwise lawful picketing (Bull S.S. Co. v. National Mar. Eng. B. Assn., 250 F. 2d 332, 339 ; see Hanna Min. v. Marine Engrs., 382 U. S. 181, 189).

Concur: Chief Judge Fuld and Judges Burke, Bergan, Keating, Breitel and Jasen. Judge Scileppi dissents and votes to affirm on the ground that this is not a labor dispute under section 807 of the Labor Law and the picketing by plaintiffs was not for a lawful labor objective.

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