Sprinzen v. Nomberg

389 N.E.2d 456 (1979)

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Nature of the Case

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Facts

Nomberg worked for Local 1115. Upon commencement of his employment, he signed an agreement that contained a restrictive covenant. The covenant provided for a perpetual prohibition against the divulgence of the identity and addresses of union members or the terms and conditions embodied in union agreements or the revelation of any information obtained by Nomberg during the course of his employment. Nomberg also agreed that upon his termination he shall not directly or indirectly within the States of New York, Pennsylvania, New Jersey, and Connecticut enter into or engage in organizing workers by himself or with others for a period of five years. The agreement also called for arbitration. Nomberg left Local 1115 in February 1976 and began working for Local 144, which was also involved in organizing health care workers. Nomberg’s new territory was only Manhattan and Staten Island; areas with which he had no previous dealings. Local 1115 demanded arbitration to compel compliance with the terms of the restrictive covenant and they also sought to enjoin Nomberg from working for Local 144. During arbitration, Nomberg walked out and eventually. Local 1115 got the relief that it requested. Local 1115 then moved the court to confirm the award. Nomberg cross-moved to vacate the award claiming partiality by the arbitrator and that the award was unjust. The award was confirmed, and on appeal, it was vacated; the arbitration award was in contravention of public policy.