262 A.D. 769 | N.Y. App. Div. | 1941
Appeal from an order granting an injunction pendente lite restraining defendants from picketing the premises of the plaintiffs and granting other relief. Order reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Plaintiffs made a closed-shop agreement with a bargaining agent certified by the State Labor Board, after an election participated in by plaintiffs’ employees and directed to be held by the State Labor Board. A majority of the employees selected an American Federation of Labor local union as their bargaining agent and a minority group voted for defendant Congress of Industrial Organization’s union. After the making of the agreement the defendant minority union persisted in the continuance of the theretofore existing strike and in picketing the plaintiffs. Plaintiffs brought an action for injunctive relief and on motion were accorded relief pendente lite. Defendants appealed from the order and asserted that the complaint was insufficient in law because it failed to set out allegations required by section 876-a, Civil Practice Act. This is advanced on the theory that a “ labor dispute ” exists in the situation. The New York State Labor Relations Act (Labor Law, art. 20) is susceptible of the interpretation that a “ labor dispute ” is resolved when during the course of a strike an election is held in which the rival unions participate, and one or the other is selected as a bargaining agent and that bargaining agent makes a closed-shop agreement with the employer. This view may be sustained on the theory that the several unions and the employers have sub