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WIEN v. CHELSEA THEATER CTR. OF BROOKLYN

66 A.D.2d 741 (1978)

Lawrence A. Wien, Individually and as a Limited Partner of Chelsea-Candide Company, Suing on Behalf of Himself and All Others Similarly Situated, Respondent, v. Chelsea Theater Center of Brooklyn et al., Defendants, and Max Arons, as President of Associated Musicians of Greater New York, Local 802, American Federation of Musicians, et al., Appellants

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

December 21, 1978

The court at Special Term succinctly and carefully outlined the issues and they need no reiteration. However, we disagree in one area, that is on the question of pre-emption. The action complained of falls within the scope of section 8 (subd [b], par [6]) of the National Labor-Management Relations Act of 1947 (US Code, tit 29, § 158, subd [b], par [6] et seq.) and its exclusive Federal regulatory scheme. It does not fall within the exceptions to the doctrine enunciated...

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