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HARKER v. McKISSOCK

12 N.J. 310 (1953)

96 A.2d 660

WILLIAM H. HARKER, ET ALS., PLAINTIFFS, v. JAMES C. McKISSOCK, ET ALS., LESTER INVESTMENT COMPANY AND SHIPBUILDING EDUCATIONAL SOCIETY, DEFENDANTS - APPELLANTS; RESPONDENTS ON CROSS-APPEALS, AND INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, AN UNINCORPORATED ASSOCIATION, DEFENDANT, CROSS-APPELLANT, AND NEW YORK SHIPBUILDING CORPORATION, DEFENDANT, RESPONDENT ON CROSS-APPEALS, AND INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL NO. 1, IN AFFILIATION WITH INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS AND HELPERS OF AMERICA, LODGE NO. 801, A.F.L., APPLICANT FOR INTERVENTION-APPELLANT.

The Supreme Court of New Jersey.

Decided April 27, 1953.

Attorney(s) appearing for the Case

Mr. F. Morse Archer, Jr., argued the cause for the defendant appellants James C. McKissock, et als. (Messrs. Boyle, Archer & Greiner, attorneys).

Mr. William S. Zink argued the cause for the appellant applicant for intervention, Industrial Union of Marine and Shipbuilding Workers of America, Local No. 1 (Mr. William T. Cahill, attorney).

Mr. M.H. Goldstein, of the Pennsylvania bar, argued the cause for the cross-appellant Industrial Union of Marine and Shipbuilding Workers of America (Mr. Albert B. Melnik, attorney).

Mr. George D. Rothermel argued the cause for the respondent New York Shipbuilding Corporation.

The opinion of the court was delivered by HEHER, J.

On a prior submission of this cause, it was held that there had been a valid secession of Local Union No. 1 from the defendant parent body, the cross-appellant herein, Industrial Union of Marine and Shipbuilding Workers of America (known in organizational parlance as the "National Union"), but that a self-executing provision of the National Union's constitution for the transfer, upon disaffiliation, of the local...

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