New York

Boys Markets, Inc. v. Retail Clerks Union, Local 770 in New York Law

How Boys Markets, Inc. v. Retail Clerks Union, Local 770 applies in New York: state-specific rules, key cases, and bar exam notes for Labor Law.

State Approach

New York law mirrors the principles established in Boys Markets, emphasizing the balance between labor peace and the enforcement of rights under collective bargaining agreements. The state courts have generally supported injunctions against picketing when it disrupts business operations and violates existing agreements.

State Rule
In New York, injunctions may be issued to prevent union picketing in situations where it interferes with the contractual obligations between employers and employees, particularly if it violates a no-strike clause within a collective bargaining agreement.
Significant State Cases

Hoffman Plastic Compounds, Inc. v. NLRB

Held that an employer could lawfully seek an injunction against strikes if they violated prior agreements, reinforcing Boys Markets principles in a state context.

Matter of Foster v. New York City Police Dept.

Clarified that under NY Labor Law, injunctions may be granted to prevent strikes that breach a no-strike clause in a union contract.

Laborers Local 73 v. New York City Dept. of Transportation

Affirmed the application of Boys Markets principles by granting an injunction against picketing that obstructed lawful operations and violated existing agreements.

Comparison to Federal Law

New York's approach aligns closely with federal standards set by Boys Markets but is oftentimes more protective of employers' rights under concerted agreement laws. New York courts have been known to issue injunctions in a more routine manner compared to federal courts.

Bar Exam Note

Students should be familiar with the principles from Boys Markets as they relate to labor injunctions, as it is a recurring topic in New York Labor Law issues and bar exam questions.

Practice Pointers
  • Always analyze the existence of a no-strike clause in collective bargaining agreements when assessing potential injunctions.
  • Understand the distinction between economic strikes and jurisdictional strikes in the context of New York law.
  • Be prepared to discuss the implications of injunctions on both employers and unions in your legal practice.

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