HABER & FINK v. "JONES"


277 A.D. 176 (1950)

Haber & Fink, Inc., Respondent, v. "John Jones", as President of Retail & Wholesale Employees Union, Local 830, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 15, 1950.


Attorney(s) appearing for the Case

Victor Rabinowitz of counsel (Belle Seligman with him on the brief; Neuburger, Shapiro, Rabinowitz & Boudin, attorneys), for appellant.

Harris Levin of counsel (Elias Mann with him on the brief; Levin & Weintraub, attorneys), for respondent.

PECK, P. J., COHN and CALLAHAN, JJ., concur with VAN VOORHIS, J.; SHIENTAG, J., concurs in result in opinion.


VAN VOORHIS, J.

On September 30, 1949, an election among plaintiff's twenty-one employees was held under the New York State Labor Relations Act (Labor Law, §§ 700-716). Twenty votes were cast, two of which were in favor of defendant union as collective bargaining representative, and eighteen were for no union. These employees were not strangers to defendant, which had acted as their collective bargaining...

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