Joint Industry Board of Painting v. Kaplan

In this action to recover $2,000, submitted to the court on stipulated facts, the only issue presented is whether or not the amount sued for constitutes a penalty and is therefore unenforceable as contrary to public policy.

The controversy arises out of certain provisions in a collective bargaining agreement affecting the painting, decorating and paperhanging industry. The plaintiff is the joint industry board for that industry, composed of an equal number of employer and union representatives, set up under the collective bargaining agreement, and empowered to supervise various aspects of…