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SHERMAN v. ST. BARNABAS HOSPITAL

No. 81 Civ. 4704 (GLG).

535 F.Supp. 564 (1982)

Albert H. SHERMAN, Plaintiff, v. ST. BARNABAS HOSPITAL, a not-for-profit corporation of the State of New York; Dale D. Embich; District 1199, National Union of Hospital and Health Care Employees, RWDSU, AFL-CIO; Leon Davis; Doris Turner; Ramon Malave; Patrick Battel; Bernice Karolkowski and Tony Selka, Defendants.

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

March 29, 1982.

Attorney(s) appearing for the Case

Lanigan, O'Connell, Jacobs & Chazin, New York City, for plaintiff (Andrew R. Jacobs, New York City, of counsel).

Emmet, Marvin & Martin, New York City, for defendants St. Barnabas Hospital and Dale D. Embich (Dennis C. Fleischmann, New York City, of counsel).

Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, for Union defendants (Jerome Tauber, New York City, of counsel).

OPINION

GOETTEL, District Judge:

St. Barnabas Hospital ("Hospital") is a voluntary, nonprofit hospital located in the South Bronx. The Hospital employs 1100 workers, approximately 800 of whom are members of the National Union of Hospital and Health Care Employees, RWDSU, AFL-CIO District 1199 ("Union"). In 1968, the Hospital hired the plaintiff, Albert H. Sherman, to head its food services department. There was no written contract between the plaintiff and...

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