Long Island College Hospital, Appellant,
v.
Martin P. Catherwood, as Industrial Commissioner of the State of New York, et al., Respondents.
In the Matter of Long Island College Hospital, Appellant,
v.
Martin P. Catherwood, as Industrial Commissioner of the State of New York, et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 15, 1968.
Reargued October 8, 1968.
Decided October 14, 1968.
Attorney(s) appearing for the Case
Frederick T. Shea, Francis S. Bensel, Theodore R. Iserman and Eugene T. D'Ablemont for appellant in the above-entitled action.
Judith P. Vladeck and Stephen C. Vladeck for Local 144, respondent in the above-entitled action.
Louis J. Lefkowitz, Attorney-General (Mortimer Sattler, Samuel A. Hirshowitz and Maria L. Marcus of counsel), for Martin P. Catherwood and others, respondents in the above-entitled action.
Frederick T. Shea, Theodore R. Iserman and Eugene T. D'Ablemont for appellant in the above-entitled proceeding.
Judith P. Vladeck and Stephen C. Vladeck for Local 144, respondent in the above-entitled proceeding.
Louis J. Lefkowitz, Attorney-General (Mortimer Sattler, Samuel A. Hirshowitz and Maria L. Marcus of counsel), for Martin P. Catherwood and others, respondents in the above-entitled proceeding.
Jesse Freidin and Peyton H. Moss for Greater New York Hospital Association, Inc., amicus curiæ.
Harry Weinstock and Belle Harper for Local 1199, amicus curiæ.
Terry Van Houten for Hospital Association of New York State, Inc., amicus curiæ.
Judges SCILEPPI, JASEN and GIBSON concur with Chief Judge FULD; Judge BURKE dissents and votes to affirm in an opinion in which Judges BERGAN and BREITEL concur.
Court of Appeals of the State of New York.
Chief Judge FULD.
The basic question presented in these cases — one of first impression — is this: Where a nonprofitmaking hospital challenges the representation status of a union, does section 716 of the New York State Labor Law empower the New York State Industrial Commissioner to appoint a fact-finding commission to make recommendations for the settlement of the dispute and, if its recommendations...
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