From Casetext: Smarter Legal Research

Philipchuk v. International Association, Afl-Cio

Supreme Court of New Jersey
Feb 14, 1975
334 A.2d 7 (N.J. 1975)

Opinion

Argued November 18, 1974 —

Decided February 14, 1975.

Appeal from Superior Court, Chancery Division.

Mr. John J. Bracken argued the cause for appellants ( Messrs. Bracken Craig, attorneys).

Mr. Thomas L. Parsonnet argued the cause for respondents ( Messrs. Parsonnet, Parsonnet Duggan, attorneys).


In this case plaintiffs, members of the international labor union, appeal from a summary judgment dismissing their complaint wherein they sought a judgment compelling Local Union No. 483 to accept their applications for transfer of membership.

The issues involved are the same as those raised in Moore et al. v. Local Union No. 483, International Association, etc., et al., 66 N.J. 527 , decided by this Court today, in which we held that Local Union No. 483 abused its discretion in arbitrarily denying applications by members of the international union to transfer their membership to the local union. We directed the local union to reconsider the transfer applications and to exercise reasonable discretion in acting thereon as contemplated by the international constitution.

We also held that if any application was rejected the local union must state its grounds therefor to afford the applicant a basis for proper review by the international union. We incorporate the holding in Moore into the instant case.

The judgment is reversed and the case is remanded to the trial court with directions that an order be entered requiring the local union and the international union to reconsider plaintiffs' applications in accordance with the opinion of this Court in Moore.

Reversed and remanded.

For reversal and remandment — Chief Justice HUGHES, Justices JACOBS, MOUNTAIN, SULLIVAN, PASHMAN and CLIFFORD and Judge COLLESTER — 7.

For affirmance — None.


Summaries of

Philipchuk v. International Association, Afl-Cio

Supreme Court of New Jersey
Feb 14, 1975
334 A.2d 7 (N.J. 1975)
Case details for

Philipchuk v. International Association, Afl-Cio

Case Details

Full title:NICKOLAS PHILIPCHUK, RICHARD CLARK, JOHN JONES, RUDY PAVESI, GEORGE FLYNN…

Court:Supreme Court of New Jersey

Date published: Feb 14, 1975

Citations

334 A.2d 7 (N.J. 1975)
334 A.2d 7

Citing Cases

Henry v. New Jersey Department of Human Services

State v. Bicanich, 66 N.J. 557, 334 A.2d 17 (1975) (6 Justices + 1 judge temporarily assigned). Philipchuk v.…