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MOUNT ST. MARY'S HOSP. v. CATHERWOOD

26 N.Y.2d 493 (1970)

Mount St. Mary's Hospital of Niagara Falls, Appellant, v. Martin P. Catherwood, as Industrial Commissioner, et al., Respondents, and Buffalo and Western New York Hospital and Nursing Home Council, AFL-CIO, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided May 14, 1970.

Attorney(s) appearing for the Case

Francis V. Cole, John F. Donovan and James Fox for appellant.

Louis J. Lefkowitz, Attorney-General (Alan W. Rubenstein and Ruth Kessler Toch of counsel), for Martin P. Catherwood, respondent.

Grace Marie Ange for intervenor-respondent.

Carl R. Krause and Richard N. Chapman for Hospital Association of New York State, Inc., amicus curiae.

Opinion by Judge BREITEL. All concur. Chief Judge FULD in result in an opinion in which Judge GIBSON concurs and Judge BURKE in result in a separate opinion.

BREITEL, J.

At issue is the constitutionality of section 716 of the Labor Law, providing among other things for the compulsory arbitration of disputes in labor contract negotiations with private voluntary or nonprofitmaking hospitals. Mount St. Mary's Hospital, such a hospital in dispute with a labor union, brought this action for a declaratory judgment to invalidate the compulsory arbitration features of the...

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