Legal Question in Employment Law in New York

Is Union Agreement an Employment Contract

Is a Union Agreement considered an employment contract and susceptible to New York State Tortious Interference of a Contract laws and Tort of Outrage?


Asked on 9/23/05, 6:59 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Is Union Agreement an Employment Contract

New York does not recognize outrage, but interference with contract is alive and well.

Usually a collective barbaining agreement works as

a mass employment contract, but not always. Sometimes it only defines the benefits or

policies, with a separate contract or no other contract.

Whether it is possible to tortiously interfere with a CBA is a question I have not researched, but unless there is a statutory prohibition I am unaware of (the way strikes are prohibited in some industries) it should be possible but perhaps difficult to prove.

it seems that is should

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Answered on 9/23/05, 7:47 pm


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