Summary
In Nallan, the Court of Appeals reversed the finding of the Board that the claimant, a member of the executive board of a union, was an employee of the union.
Summary of this case from Matter of Baker v. Wessel Duval, Inc.Opinion
Submitted November 19, 1976
Decided December 22, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Philip J. Caputo for appellants.
Louis J. Lefkowitz, Attorney-General (Jorge L. Gomez, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
Charles J. Jones for Nallan Associates, Inc., and another, respondents.
MEMORANDUM. Under the instant facts it cannot be said that the respondent was an employee of the union at the time of the disabling incident. As a member of the union, he had been elected by the other union members to a position on the executive board but this certainly did not constitute employment. He received no compensation or salary for his functions as a board member other than a minimal stipend, ordered by the union's by-laws, as reimbursement for expenses in connection with the board's monthly meeting. The other services he rendered were gratuitous and intentionally so. There was no employment agreement between the appellant and the union. The union did not control his activities or have a right to discharge him from the board, nor were there any other indicia which would point to an employer-employee relationship.
Accordingly, the order of the Appellate Division should be reversed and the union should not be held liable for any portion of the award for compensation or nursing services.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order reversed, with costs, and the claim against Motion Picture Studio Mechanics Union, Local No. 52, dismissed in a memorandum.