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JENSEN v. FARRELL LINES, INC.

Nos. 641, 817, Dockets 79-7716, 79-7717.

625 F.2d 379 (1980)

William JENSEN, Edwin Kremer, John Gardella, William Kuyl, Dominick Bisbano, Lindsay Hoyt, Francis S. Haggerty, Richard Trippe, Anthony Lore and Gary D. Lueck, Appellees, v. FARRELL LINES, INC., and International Organization of Masters, Mates and Pilots, AFL-CIO, Appellants, and Brotherhood of Marine Officers, District 1, MEBA, AFL-CIO, and American Federation of Labor and Congress of Industrial Organizations, Defendants.

United States Court of Appeals, Second Circuit.

Decided May 12, 1980.

Attorney(s) appearing for the Case

Alexander Gigante, Proskauer, Rose, Goetz & Mendelsohn, New York City, for appellant Farrell Lines, Inc.

Seymour M. Waldman, New York City (Waldman & Waldman, Burton M. Epstein, New York City, of counsel), for appellant International Organization of Masters, Mates and Pilots, AFL-CIO.

Murray A. Gordon, Gordon & Shechtman, P. C., New York City, for appellees.

Before OAKES, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

OAKES, Circuit Judge:

This appeal, by an employer and a union, is from a decision of the United States District Court for the Southern District of New York, Robert W. Sweet, Judge, holding that, once an employer agrees to bargain collectively with supervisors who have no statutory right to organize, they have a freedom of association First Amendment right to a determination that the union representing them is favored by a majority of its members. Jensen v. Farrell...

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