Legal Opinion

Jensen v. Farrell Lines, Inc.

Court of Appeals for the Second Circuit

Decided May 12, 1980No. Nos. 641, 817, Dockets 79-7716, 79-7717PublishedCited by 25 opinions

1Opinion of the Court

OAKES, Circuit Judge:

This appeal, by an employer and a union, is from a decision of the United States District Court for the Southern District of New York, Robert W. Sweet, Judge, holding that, once an employer agrees to bargain collectively with supervisors who have no statutory right to organize, they have a freedom of association First Amendment right to a determination that the union representing them is favored by a majority of its members. Jensen v. Farrell Lines, Inc., ATI F.Supp. 335 (S.D.N.Y.1979). We are not persuaded that there was state action here, nor are we persuaded that, even…

2Cases cited55 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Bell v. HoodSupreme Court of the United States · 1946
  4. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  5. Davis v. PassmanSupreme Court of the United States · 1979

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3Cited by25 opinions

  1. Levitch v. Columbia Broadcasting System, Inc.District Court, S.D. New York · 1980
  2. Franklin YEAGER, Walter Brandt, Don C. Yeager and Mark Yeager, Plaintiffs-Appellants, v. CITY of McGREGOR, Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1993
  3. Schreiner v. McKENZIE TANK LINES, ETC.District Court of Appeal of Florida · 1982
  4. Harris v. Arizona Board of RegentsDistrict Court, D. Arizona · 1981
  5. Modaber v. Culpeper Memorial Hospital, Inc.Court of Appeals for the Fourth Circuit · 1982

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