RAMBUSCH DEC. CO. v. BROTHERHOOD, ETC., OF AMERICA

No. 293.

105 F.2d 134 (1939)

RAMBUSCH DECORATING CO. v. BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA et al.

Circuit Court of Appeals, Second Circuit.

June 19, 1939.


Attorney(s) appearing for the Case

Walter R. Hart, of Brooklyn, N. Y. (Daniel A. Dorsey, of New York City, and Louis Timberg, and Rubin Mazel, both of Brooklyn, N. Y., on the brief), for appellants.

A. E. Robert Friedman, of Brooklyn, N. Y., for respondent.

Before SWAN, CHASE, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

This controversy involves the meaning and validity of a certain provision of the defendant Brotherhood's constitution, which governs the labor relations of the plaintiff employer with the defendant union, that on a job by a non-local contractor the shorter work day and higher rate of wages of either the contractor's home or the location of the work shall prevail. The complainant sought a declaratory judgment that this provision, if construed...

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