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Stewart Stamping Corporation v. Uprichard

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1954
284 App. Div. 902 (N.Y. App. Div. 1954)

Opinion

October 18, 1954.


In an action to enjoin picketing, publicizing that there is a strike in progress, interfering with plaintiff's business and other activities, a temporary injunction was granted. Defendants, who are members and officials of a local labor union, appeal from the order granting the injunction and from an order denying their motion to dismiss the complaint as insufficient in law. Appellants contend that the strike at plaintiff's plant constitutes a labor dispute within the meaning of section 876-a of the Civil Practice Act and that in any event the State court is without jurisdiction inasmuch as the acts charged in the complaint constitute unfair labor practices under the Labor Management Relations Act, 1947 (U.S. Code, tit. 29, § 141 et seq.), of which the National Labor Relations Board has exclusive jurisdiction. On the present papers on appeal, it is undisputed that the strike is in violation of a collective bargaining agreement binding on all parties and that the agreement provides for adequate remedies which have not been pursued. It also appears that the National Labor Relations Board has held appellants' grievances to be without merit. Orders affirmed, with one bill of $10 costs and disbursements. No opinion. Adel, Acting P.J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur. [See post, p. 981.]


Summaries of

Stewart Stamping Corporation v. Uprichard

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1954
284 App. Div. 902 (N.Y. App. Div. 1954)
Case details for

Stewart Stamping Corporation v. Uprichard

Case Details

Full title:STEWART STAMPING CORPORATION, Respondent, v. ALBERT E. UPRICHARD, as…

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

Date published: Oct 18, 1954

Citations

284 App. Div. 902 (N.Y. App. Div. 1954)

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