Lerner v. Amalgamated Clothing & Textile Workers Union

OAKES, Chief Judge:

This case asks us to address whether, under New York law, the signature of the president of a corporation as president on a certificate of ratification that ratified a collective bargaining agreement bound the president individually to the terms of the collective bargaining agreement so as to render him personally liable for wages and benefits due under the agreement. Given the presumption against individual liability in such cases under New York Law, and the absence of evidence of the signatory’s explicit intent to assume personal liability, we find that on these facts the…