O'Keefe v. Local 463 of the United Ass'n of Plumbers & Gas Fitters of the United States & Canada

Appellate Division of the Supreme Court of New York

O'Keefe v. Local 463 of the United Ass'n of Plumbers & Gas Fitters of the United States & Canada

251 A.D. 317, 296 N.Y.S. 505, 1937 N.Y. App. Div. LEXIS 6929

Appellate Division of the Supreme Court of the State of New York·Decided June 11, 1937·Published

Opinion

Per Curiam.

The judgments and order should be affirmed, with costs, on the ground that the agreement between the Association of Master Plumbers and Local Union 463 (Arts. 17 and 18) withholds from the joint arbitration board the power to impose any penalty, and expressly vests that power in the organization of which the delinquent is a member. Consequently, the resolution of the board that journeymen plumbers thereafter to be employed by Byrne Company, Inc., should be selected by the union was beyond the jurisdiction of the board and constituted no justification for the action of the defendants in preventing the plaintiffs from continuing in their jobs.

Present'—Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Judgments and order unanimously affirmed, with costs.

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Per Curiam.

The judgments and order should be affirmed, with costs, on the ground that the agreement between the Association of Master Plumbers and Local Union 463 (Arts. 17 and 18) withholds from the joint arbitration board the power to impose any penalty, and expressly vests that power in the organization of which the delinquent is a member. Consequently, the resolution of the board that journeymen plumbers thereafter to be employed by Byrne Company, Inc., should be selected by the union was beyond the jurisdiction of the board and constituted no justification for the action of the defendants in preventing the plaintiffs from continuing in their jobs.

Present'—Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Judgments and order unanimously affirmed, with costs.

O'Keefe v. Local 463 of the United Ass'n of Plumbers & Gas Fitters of the United States & Canada, 251 A.D. 317, 296 N.Y.S. 505, 1937 N.Y. App. Div. LEXIS 6929 (N.Y. Ct. App. 1937).

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251 A.D. 317 (O'Keefe v. Local 463 of the United Ass'n of Plumbers & Gas Fitters of the United States & Canada) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.