51 A.D.2d 516 | N.Y. App. Div. | 1976
Order
Order entered in the Supreme Court, New York County, on October 24, 1975 denying plaintiffs motion for a preliminary injunction reversed, on the law and in the exercise of discretion, and the motion is granted, without costs and without disbursements. Plaintiff is a New Jersey corporation engaged in the wholesale distribution of ice cream to its customers in New Jersey and New York. It obtains its product from manufacturers in Pennsylvania and Ohio. The defendant union, Local No. 757 of the teamsters union, represents employees engaged in the manufacture of ice cream in New York City. The employees of plaintiffs suppliers, as well as plaintiffs own employees, are all represented by local unions affiliated, like .the defendant, with the teamsters international union. The defendant union wrote letters to a chain of retail food markets stating that it intended to peacefully picket outside their stores and distribute handbills urging consumers not to purchase plaintiffs ice cream because it was being manufactured under "substandard labor conditions”, a term appearing several times in the handbill without any apparent basis in this record. It is apparent that the defendant union attempts to avoid the consequences of an illegal secondary boycott by attempting to engage instead in a "consumer boycott” only. In Labor Bd. v Fruit Packers (377 US 58) (the so-called tree fruits case), the Supreme Court held that peaceful picketing of retail stores urging consumers not to buy a specific product is not prohibited by the National Labor Relations Act. The defendants removed the action to the Federal court. However, the United States District Court for the Southern District of New York held that "since