COLUMBIA BROAD. SYS., INC. v. McDONOUGH


8 A.D.2d 695 (1959)

Columbia Broadcasting System, Inc., Respondent, v. Patrick A. McDonough, as President of Blueprint, Photostat and Photo Employees Union, Local 24910, AFL-CIO, et al., Appellants

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

May 4, 1959


Order unanimously reversed on the law, the temporary injunction vacated, and the motion for temporary injunction denied, with costs to the appellants.

Where, as here, there is an arguable question of jurisdiction, determination in the first instance must be left to the National Labor Relations Board and the State courts are not primary tribunals to adjudicate such issue. (San Diego Unions v. Garmon, 359 U.S. 236

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