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DONNELLY v. UNITED FRUIT CO.

40 N.J. 61 (1963)

190 A.2d 825

FRANCIS A. DONNELLY, PLAINTIFF-APPELLANT, v. UNITED FRUIT COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AND THE BROTHERHOOD OF MARINE OFFICERS, LOCAL 13212, DISTRICT 50, UNITED MINE WORKERS OF AMERICA, AN UNINCORPORATED ASSOCIATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Argued January 21, 1963.

Decided May 6, 1963.

Attorney(s) appearing for the Case

Mr. Ernest Gross argued the cause for plaintiff-appellant (Messrs. Gross and Weissberger, attorneys).

Mr. Willard G. Woelper argued the cause for defendant-respondent United Fruit Company (Mr. Anthony J. Iannarone, on the brief; Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys).

Mr. Abraham L. Friedman argued the cause for defendant-respondent Brotherhood of Marine Officers (Mr. Samuel L. Rothbard, of counsel; Messrs. Rothbard, Harris & Oxfeld, attorneys).

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

This suit seeks recovery for pecuniary loss suffered by plaintiff, an employee, allegedly as the result of breach of a collective bargaining contract entered into between defendants, employer and union. The asserted breach of contract is of a twofold character: (1) discharge of plaintiff by defendant employer in violation of its terms; and (2) failure and refusal of defendants...

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