Barclay's Ice Cream Co. v. Local No. 757 of the Ice Cream Drivers & Employees Union
New York Court of Appeals
1Opinion of the CourtJones, J.
We reject the proposition that under the doctrine of pre-emption our State courts must defer in this case to the exclusive competence of the National Labor Relations Board and thus are powerless to protect against the unlawful coercive activity designed by this union to erect an embargo on the flow of out-of-State goods into New York.
The Appellate Division reversed the order of Special Term (which had denied plaintiffs motion for a preliminary injunction) on the law and in the exercise of discretion, and restrained defendants pendente lite from picketing and distributing written material…
2Cases cited4 opinions
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966
- Mayer Bros. Poultry Farms v. MeltzerAppellate Division of the Supreme Court of the State of New York · 1948
- Dooley v. AntonNew York Court of Appeals · 1960
3Cited by23 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Jackson v. StateWisconsin Supreme Court · 1895
- Brody v. P. J. LeamyNew York Supreme Court · 1977
- Palm Beach Co. v. Journeymen's & Production Allied Services International Union Local 157District Court, S.D. New York · 1981
- In re ShoreAppellate Division of the Supreme Court of the State of New York · 1979
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