Wien v. Chelsea Theater Center

There are two primary issues raised on the motion and cross motion for dismissal of the complaint and for partial summary judgment. These are: (1) whether plaintiff Wien, as a limited partner of Chelsea-Candide Com*227pany, has the standing to prosecute this action on behalf of the partnership and (2) whether this court has jurisdiction over the claims asserted or whether they are matters concerning which the doctrine of Federal pre-emption requires that they must first be considered by the Federal National Labor Relations Board.

There is no real issue concerning the essential facts.…