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SALERNO v. AMERICAN LEAGUE OF PROF. BASEBALL CLUBS

No. 818, Docket 34653.

429 F.2d 1003 (1970)

Alexander J. SALERNO and William Valentine, Plaintiffs-Appellants, v. AMERICAN LEAGUE OF PROFESSIONAL BASEBALL CLUBS, an unincorporated association, Joseph E. Cronin, individually and as President of the American League of Professional Baseball Clubs, and Paul Porter, Defendants, Bowie Kuhn, individually and as the Commissioner of Baseball, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 13, 1970.

Attorney(s) appearing for the Case

Joseph Kelner, New York City, for plaintiffs-appellants.

George S. Leisure, Jr., New York City (Donovan, Leisure, Newton & Irvine and Paul E. Goodspeed and Paul A. Crotty, New York City, of counsel), for appellee, Bowie Kuhn.

Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge:

Plaintiffs, former umpires in the American League of Professional Baseball Clubs, were discharged by the president of the League. Although he announced that this was for incompetence, plaintiffs claim "the true and only reason" was their endeavor to organize the American League umpires for collective bargaining. Following an unfair labor practice charge on their part, the National Labor Relations Board issued a complaint under §§...

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