MTR. OF PHALEN v. THEAT. PROTECTIVE UNION


22 N.Y.2d 34 (1968)

In the Matter of Harold Phalen et al., Appellants. v. Theatrical Protective Union No. 1, International Alliance of Theatrical and Stage Employees, A.F.L.-C.I.O., Respondent.

Court of Appeals of the State of New York.

Decided May 15, 1968.


Attorney(s) appearing for the Case

Maurice Rosenberg and Solomon D. Monshine for appellants.

Louis Kantor and Harold P. Spivak for respondent.

Judges SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur with Judge BURKE; Chief Judge FULD concurs in a separate opinion in which Judges BERGAN and JASEN concur.


BURKE, J.

On this appeal we are called upon to consider two problems, first, our jurisdiction, in the face of a claim of Federal pre-emption, to afford relief to working people who have been unfairly and discriminatorily treated by a labor union which is their exclusive bargaining agent with their employer, and, second, what remedies, assuming we have jurisdiction to afford any relief at all, are available to...

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