BANK OF YORKTOWN v. BOLAND, 284 N.Y. 749 (1940)

31 N.E.2d 510

BANK OF YORKTOWN, Appellant, v. JOHN P. BOLAND et al., Constituting the New York State Labor Relations Board et al., Respondents.

Court of Appeals of the State of New York.Argued November 14, 1940
Decided December 31, 1940

Appeal from the Supreme Court, Appellate Division, First Department, PECORA, J.

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Richard J. Mackey for appellant.

Daniel Kornblum and Henry A. Silver for John P. Boland et al., constituting the New York State Labor Relations Board, respondents.

Judgment affirmed, with costs, on the authority of Matter of Metropolitan Life Ins. Co. v. New York State Labor Relations Board (280 N.Y. 194). No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and SEARS, JJ.; LEWIS, J., dissents in the following memorandum in which CONWAY, J., concurs:

LEWIS, J. (dissenting).

I dissent and vote for a trial of the issues tendered by the pleadings as to whether the provisions of the New York State Labor Relations Law (Labor Law; Cons. Laws, ch. 31) are applicable to, and give to the defendant Labor Relations Board jurisdiction over, the plaintiff, to which has been accorded by law the power to act as a trustee and to perform those other functions peculiar to a bank. A majority of the court rests the decision in the case at bar upon the ruling in Matter of Metropolitan Life Ins. Co. v. New York State Labor Relations Board (280 N.Y. 194). I believe the decision in that case does not determine the following questions presented by the present action: (1) Does the New York State Labor

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Relations Board have jurisdiction over a bank and its employees? (2) Does public policy, as declared by the Legislature in the New York State Labor Relations Act, forbid the application of that statute to a banking institution?