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Chic Maid Hat Manufacturing Co. v. Korba

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 1953
281 App. Div. 1004 (N.Y. App. Div. 1953)

Opinion

April 29, 1953.

Present — Taylor, P.J., McCurn, Vaughan, Kimball and Piper, JJ.


Order affirmed, with $10 costs and disbursements. Memorandum: While the factual situation in this case is somewhat different than in the case of Goodwins, Inc., v. Hagedorn ( 303 N.Y. 300), we think the same legal principles are applicable. It cannot be denied that the affidavits of the defendants here all admit that the purpose of the picketing was to coerce the plaintiff to bargain collectively with the defendant union. As there is no showing that the union represents a majority of the employees of the plaintiff, it (plaintiff) could not enter into an agreement with the union without being guilty of an unfair labor practice under both the State and the Federal Labor Relations Acts. ( Building Service Union v. Gazzam, 339 U.S. 532; Goodwins, Inc., v. Hagedorn, supra.) Defendant union, if it in fact represents a majority of the plaintiff's employees, has a remedy, i.e., to apply to the State or Federal Labor Relations Board, whichever has jurisdiction, for an election and, if successful, certification as the bargaining agent. In the absence of a factual showing that the union represents a majority of the employees we must yield to the authority of the Court of Appeals in the Goodwins case. All concur. (Appeal from an order granting plaintiff's motion for an injunction pendente lite, restraining defendants from picketing plaintiff's plant.)


Summaries of

Chic Maid Hat Manufacturing Co. v. Korba

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 1953
281 App. Div. 1004 (N.Y. App. Div. 1953)
Case details for

Chic Maid Hat Manufacturing Co. v. Korba

Case Details

Full title:CHIC MAID HAT MANUFACTURING CO., INC., Respondent, v. LEON KORBA…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 29, 1953

Citations

281 App. Div. 1004 (N.Y. App. Div. 1953)