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NATIONAL MARITIME UNION v. COMMERCE TANKERS CORP.

No. 71 Civ. 582.

325 F.Supp. 360 (1971)

NATIONAL MARITIME UNION OF AMERICA, AFL-CIO, Plaintiff, v. COMMERCE TANKERS CORPORATION, Defendant.

United States District Court, S. D. New York.

March 2, 1971.

Attorney(s) appearing for the Case

Abraham E. Freedman, New York City, for plaintiff; Charles Sovel, Ned R. Phillips, New York City, of counsel.

Marshall, Bratter, Greene, Allison & Tucker, New York City, for defendant; Charles H. Miller, New York City, of counsel.

Hill, Betts & Nash, and Surrey, Karasik, Greene & Seham, New York City, for intervenor; Martin C. Seham, Fred C. Klein, Eli Ellis, John F. Lang, New York City, of counsel.

OPINION

FRANKEL, District Judge.

Under its collective agreement with the plaintiff, National Maritime Union of America (NMU), covering the three years ending June 15, 1972, the defendant, Commerce Tankers Corporation, promised not to transfer either of its two ships unless the purchaser agreed to assume the obligations of the union contract. Nevertheless, without informing the Union, defendant, in December 1970, contracted to sell its ship SS Barbara, but...

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