« PreviousContinue »
Order to Show Cause of May 19, 1958
And why such other and further order should 91 not be made herein as to the Court may seem proper.
And in the meantime and until the entry and service of the further order of this Court, to be made upon the return of this order to show cause herein, it is further-ordered that the said defendants, their respective agents, attorneys, servants and assistants, and each of them, be, and they are, jointly and severally restrained from taking any strike action or picketing against the plaintiff herein or of the plaintiff's customers. 92
And it appearing to my satisfaction that a proper case is presented for the issuance of an order to show cause, in the place and stead of the usual five day' notice of motion, I do hereby order and direct that service of this order to show cause and the papers upon which the same has been granted, upon the defendants on before the 21 day of May, 1958, at three (3) P.M., shall be held sufficient notice of motion herein, and of the application for an injunction pendente lite herein.
Dated: New York, N. Y., May 19, 1958.
OWEN MOGIVERN Justice of the Supreme Court of the State of New York
Affidavit of Sidney Posner, Read in Support of
Order to Show Cause
SUPREME COURT OF THE STATE OF
COUNTY OF NEW YORK
95 State of New York
County of Bronx—ss.:
Sidney POSNER, being duly sworn, deposes and says:
That I am the President of Holland Maintenance Company, Inc., with offices at 100 Gold Street, Borough of Manhattan, City of New York, and make this affidavit in support of plaintiff's application for a temporary injunction and further relief.
The plaintiff corporation is a contracting firm engaged in rendering porter service to industrial firms, and, in connection therewith, in cleaning and waxing service, as well as window cleaning services, the latter services being included under a Union contract not involved in this proceeding.
That heretofore and immediately prior to October 1st, 1957, negotiations were undertaken with the defendant Local 32-K Building Service Employees International Union, through its PresiAffidavit of Sidney Posner
dent, George J. Troy, at which time and upon 97 which occasion, the said George J. Troy did represent to your deponent that it was the sole bargaining agent for the Building Service Employees International Union, having jurisdiction in the Borough of Queens and Borough of Brooklyn, respectively, in the City of New York. That thereafter and on the 1st day of October, 1957, your deponent executed the Union contract, a copy of which is attached to plaintiff's complaint, and which said contract was executed in behalf of Local 32-K Building Service Employees Inter
98 national Union, by its officer duly authorized, to wit, George J. Troy, its President.
Thereafter, plaintiff, in the operation of its business, did, amongst others, solicit the account of Austin, Nichols & Co., and was successful in obtaining a contract with the said Austin, Nichols & Co., for work at its plant located at 56th Street & 55th Drive, Maspeth, in the County of Queens, City of New York.
That commencing March 1st, 1958, the plaintiff commenced rendering services to Austin, Nichols
99 & Co., under an agreement between plaintiff and its customers, for porter, waxing and cleaning services, which activities were included and covered under the Union contract made between the plaintiff corporation and Local 32-K Building Service Employees International Union.
The plaintiff corporation, as a condition precedent, was required by Austin, Nichols & Co., to employ members in good standing with Local
Affidavit of Sidney Posner
100 32-K Building Service Employees International
Union, and to maintain a Union contract with the said Local 32-K Building Service Employees International Union, in order to continue its contract with Austin, Nichols & Co., its customer.
Thereafter, plaintiff was apprised that jurisdiction over plaintiff's employment with its customer, Austin, Nichols & Co., had allegedly been transferred to Local 32-J Building Service Employees International Union AFL-CIO, and no
tice of such transfer was given by letter dated 101 April 15th, 1958, addressed to plaintiff's cus
tomer, Austin, Nichols & Co., and thereafter, by letter dated April 18th, 1958, addressed to the plaintiff herein, to which said letter there was attached a photostatic copy of a letter bearing date April 9th, 1958, in which the parent Union, by David Sullivan, its Vice-President, did advise the President of Local 32-K Building Service Employees International Union, that it had sanctioned the transfer of jurisdiction over plaintiff, and more particularly over plaintiff's
customer and its building located at Maspeth, 102 Long Island, N.Y. It should be pointed out
that, under the Charter issued to Local 32-K Building Service Employees International Union, its jurisdiction was, and still is, entirely within the Borough of Queens and Borough of Brooklyn, in the City of New York. Whereas, it should be further pointed out that Local 32-J Building Service Employees International Union AFLCIO, by the terms of its Charter, had, and still has jurisdiction in the Borough of Manhattan.
Affidavit of Sidney Posner
Yet despite this fact by the act of the defendant 103 David Sullivan, he did, and by his actions has attempted to, repudiate the contract heretofore entered into between the plaintiff corporation and Local 32-K Building Service Employees International Union. Deponent has applied to the State Labor Relations Board to mediate the alleged jurisdiction dispute between Local 32-K Building Service Employees International Union and Local 32-J Building Service Employees International Union AFL-CIO, respectively, and more particularly the authority of David Sulli
104 van, Vice-President of the parent Union, to transfer the jurisdiction over the building operated by the plaintiff's customer in the Borough of Queens, to Local 32-J Building Service Employees International Union AFL-CIO, its Manhattan Local.
Your deponent specifically calls the Court's attention to the fact that the actions on the part of David Sullivan, the Vice-President of the parent Union, has singled out this particular location, to wit, 56th Street & 55th Drive, Maspeth, in the County of Queens, City of New York, 105 to the exclusion of other buildings in the Borough of Queens, which have been, and still are, under the jurisdiction of Local 32-K, Building Service Employees International Union, in whose jurisdiction these buildings properly lie. It is of particular note that the Canada Dry Ginger Ale Bottling Company, located at 59-02 Borden Avenue, Maspeth, Queens, is in the immediate vicinity of Austin, Nichols & Co. building, and