Opinion

Goodwins, Inc. v. Hagedorn

  • 303 N.Y. 300
  • 101 N.E.2d 697
Court
New York Court of Appeals
Filed
Oct 18, 1951
Status
Published
Author
Froessel
On the bench
Dye, Froessel, Fuld, Loughran
Cited by
100 cases
Authority
More cited than 26.7%

The opinion

Froessel, J.

(concurring). We are all agreed that the Labor Management Relations Act of 1947 (Taft-Hartley Act) is silent on the specific subject of stranger picketing by a labor organization as an unfair labor practice. A minority is of the opinion that because of its close relation to activities proscribed by that statute (U. S. Code, tit. 29, § 158, subd. [b]) the picketing here complained of falls within the area of proscription. Had the sponsors of the Taft-Hartley Act and the Congress so intended, surely they would have made their purpose manifest, for plain language was readily available.

In my view the Taft-Hartley Act does not deprive the Supreme Court of this State of jurisdiction of the subject matter, which is “ governable by the State or it is entirely ungoverned ” (International Union, U. A. W. A., v. Wisconsin Employment Relations Bd., 336 U. S. 245, 254 ). Accordingly, I concur with the Chief Judge for reversal and remission for decision on the merits.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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