Tinervia v. Villano

Cohn, J. P.

(dissenting). Plaintiff Salvatore Tinervia has been engaged in the waste disposal business since 1917. He operates a small business with only one truck and has in his employ one son, the other plaintiff, Peter. Plaintiffs have been conducting their business as a private sanitation service under the name Industrial Waste Disposal since 1947. Though self-employed, they joined defendant union in 1940, but later discontinued their membership.

As it appears that plaintiff Peter is not a self-employed independent agent, but is simply a son working for his father, any attempt to coerce him…