Phalen v. Theatrical Protective Union No. 1

Petitioners in this article 78 CPLR proceeding seek to compel respondent, a labor organization, to admit the petitioners to its membership.

Respondent is the sole collective bargaining agent for stagehand and stage maintenance workers employed in the counties of Bronx and New York. Petitioners have been employed as-stagehands and stage maintenance workers for a period of many years. Since the union operates under a “ closed shop ” arrangement with the employers, petitioners are required to pay 4% of their gross earnings as an assessment for the privilege of pursuing this employment. From time…