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52 FLAVORS, INC. v. BAKER & CONFECTIONERY SALESCLERKS UNION, LOCAL 150 OF GREATER NEW YORK, RETAIL CLERKS INT'L ASS'N, AFL-CIO

46 A.D.2d 875 (1974)

52 Flavors, Inc., Appellant, v. Baker and Confectionery Salesclerks Union, Local 150 of Greater New York, Retail Clerks International Association, AFL-CIO, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1974

Appellant shall recover of respondent $40 costs and disbursements of this appeal. It appears that at the time the collective bargaining agreement was executed petitioner had no employees, i.e., salesclerks. Accordingly, the agreement with the respondent union was invalid since the union was not a representative of a majority of the employees (Labor Law, § 705; Goodwins, Inc. v. Hagedorn, 303 N.Y. 300). Indeed, enforcement

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