Legal Opinion
New York Telephone Co. v. New York State Department of Labor
Court of Appeals for the Second Circuit
Decided November 9, 1977No. 1553, Docket 77-7337PublishedCited by 10 opinions
1Opinion of the Court
MESKILL, Circuit Judge:
New York’s Unemployment Insurance Law permits employees who are involved in a “strike, lockout, or other industrial controversy” to collect unemployment compensation after a waiting period of eight weeks. N.Y.Lab.Law §§ 590.9, 592.1 (McKinney 1977). The district court held this statute invalid under the supremacy clause, U.S.Const. art. VI, cl. 2, finding that it alters the balance in the collective bargaining relationship and therefore conflicts with the federal labor policy favoring the free play of economic forces in the collective bargaining process. 434 F.Supp. 810…
2Cases cited22 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
- Hicks v. MirandaSupreme Court of the United States · 1975
- National League of Cities v. UserySupreme Court of the United States · 1976
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3Cited by10 opinions
- 23 Fair empl.prac.cas. 677, 23 Empl. Prac. Dec. P 31,153, 6 Fed. R. Evid. Serv. 724 the Guardians Association of the New York City Police Department, Inc., the Hispanic Society of the New York City Police Department, Inc., Oswaldo Perez and Felix E. Santos Individually and on Behalf of All Others Similarly Situated v. Civil Service Commission of the City of New York, Department of Personnel of the City of New York, the New York City Police Department, Alphonse D'ambrose, Individually and in His Capacity as Chairman of the Civil Service Commission of the City of New York and Personnel Director of the City of New York, James Smith and Josephine Gambino, Individually and in Their Capacity as Members of the Civil Service Commission of the City of New York, and Michael J. Codd, Individually and in His Capacity as Commissioner of the New York Police Department, DefendantsCourt of Appeals for the Second Circuit · 1980
- Image Carrier Corporation v. Abraham D. Beame, Mayor of New York City, the House of Lithography, Inc. v. Abraham D. Beame, Mayor of New York CityCourt of Appeals for the Second Circuit · 1977
- United Steel Workers of America v. MeierhenryDistrict Court, D. South Dakota · 1985
- Continental Oil Co. v. State of Oklahoma Ex Rel. The Oklahoma Employment Security Commission and David Boren, GovernorCourt of Appeals for the Tenth Circuit · 1978
- Hawaiian Telephone Co., Etc., and Hawaii Employers Council, Plaintiffs-Intervenors v. State of Hawaii Dept. Of Labor & Industrial Relations, International Brotherhood of Electrical Workers, Afl-Cio, Local 1357, Etc., Defendants-Intervenors and Hawaiian Telephone Co., Etc., and Hawaii Employers Council, Plaintiff-Intervenors v. State of Hawaii Dept. Of Labor & Industrial Relations, Defendants- and International Brotherhood of Electrical Workers, Afl-Cio, Local 1357, Etc., Intervenors-DefendantsCourt of Appeals for the Ninth Circuit · 1980
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