DIST. 2, MARINE ENG'RS BENEFICIAL ASS'N (AFLCIO) v. NEW YORK SHIPPING ASS'N, INC.


22 N.Y.2d 809 (1968)

District 2, Marine Engineers Beneficial Association (AFL-CIO) et al., Appellants, v. New York Shipping Association, Inc., et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 14, 1968.


Attorney(s) appearing for the Case

Howard Schulman, Jack L. Kroner and Bertram Perkel for appellants.

Seymour M. Waldman, Louis Waldman and Martin Markson for International Longshoremen's Association, AFL-CIO, and others, respondents.

Alfred Giardino, C. P. Lambos and Charles M. Mattingly, Jr., for New York Shipping Association and others, respondents.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, KEATING, BREITEL and JASEN. Judge SCILEPPI dissents and votes to affirm on the ground that this is not a labor dispute under section 807 of the Labor Law and the picketing by plaintiffs was not for a lawful labor objective.


Order modified by denying defendants' cross motion for a temporary injunction against picketing by plaintiff union, and, as so modified, affirmed, without costs, in a memorandum. Question certified answered in the negative. The purpose of the picketing in question was not "unlawful", and section 807 of the Labor Law prevents issuance of an injunction. Section 14 (subd. [a]) of the Labor Management Relations Act prevents supervisors...

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