Legal Opinion

Association of Plumbing & Heating Contractors of Greater New York, Inc. v. Merten

City of New York Municipal Court

Decided February 15, 1940PublishedCited by 2 opinions

1Opinion of the CourtMcNulty, J.

The problem presented in this case requires an interpretation of a basic principle of the New York State Labor Relations Act. To state the question briefly, it is, have the employers the right under that law to band together in an association and attempt to compel the bargaining agent of their employees, a union, to deal with them collectively through their association. While the action sounds in contract and the plaintiff proceeds on the theory of breach of contract, the basic fundamental to be resolved lies in that question.

The essential facts are practically indisputable. The plaintiff is…

2Cases cited7 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. National Labor Relations Board v. MacKay Radio & Telegraph Co.Supreme Court of the United States · 1938
  3. National Labor Relations Board v. Sands Manufacturing Co.Supreme Court of the United States · 1939
  4. Minton v. D. A. Schulte, Inc.New York Supreme Court · 1934
  5. John E. Rosasco Creameries, Inc. v. CohenAppellate Division of the Supreme Court of the State of New York · 1936

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3Cited by2 opinions

  1. Committee of Interns & Residents v. New York State Labor Relations BoardDistrict Court, S.D. New York · 1976
  2. Association of Plumbing & Heating Contractors of Greater New York, Inc. v. MertenAppellate Division of the Supreme Court of the State of New York · 1941

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