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LOCAL 145

August 3, 1984

LOCAL 145, INTERNATIONAL LADIES GARMENT WORKERS' UNION, AFL-CIO, Plaintiff,
v.
FASHION ASSOCIATES, INC., Defendant; INTERNATIONAL LADIES GARMENT WORKERS' UNION, LOCAL 145, Marshall L. Rosenberg, and Sportswear Apparel Association, Inc., Plaintiffs, v. FASHION ASSOCIATES, INC., A.F.G., Inc., American Fashion Group, Inc., The European Tailoring Group, Ltd., Inc., J.S. Corp., and Jennifer Corp., t/a Fashion Associates, Defendants



The opinion of the court was delivered by: SAROKIN

 FACTS

 In support of its motion for summary judgment on the issue of the existence of a contract, the Union submits two pieces of evidence. *fn1" The affidavit of Sol Goldberg, Vice President of the I.L.G.W.U. and Director of the New Jersey Region of the I.L.G.W.U. states

 
I have caused a review to be made of all files known to the International Ladies' Garment Workers' Union, New Jersey Region, regarding Fashion Associates in order to determine whether the Union ever received a letter from Fashion Associates, Inc., wherein it unequivocally and in writing withdrew from the Sportswear Apparel Association, Inc. at any time prior to the negotiation and settlement of the contract covering the period June 1, 1982, through May 31, 1985, between the I.L.G.W.U. and the Sportswear Apparel Association, Inc.
 
There is no such letter in any of our files. I have also made inquiry of all known representatives of the Union who have had dealings with Fashion Associates, Inc., as to whether they recall ever receiving or seeing such a letter. None has any such recollection.

 Goldberg Aff. paras. 3-5. Also submitted, appended to counsel's affidavit was the sworn testimony of Sidney Reiff, Executive Director of the SAA, stating that on December 22, 1983, he informed Jerome Finkelstein that Fashion Associates were "still members of the Association."

 
He was going to show that they were not members of the Association. I said show what you want, but we have no letter of resignation. We have never so notified the Union, so you're still a member of the Association.

 Testimony of Sidney Reiff (5/9/84) at 36. See also Id. at 37.

 Fashion Associates concedes that it gave no written notification of its "resignation" from the SAA. Aff. of Jerome Finkelstein (7/11/84) para. 29. Rather, it contends that, first, the Union abrogated its eight-year-old agreement with Fashion Associates by attempting to "organize all workers at the factory," and thereby, "to eliminate double-breasting," id. paras. 12-13, defined as "the practice of simultaneous Union and non-Union operations." Id. para. 18. Mr. Finkelstein states

 
In response to their demands, I immediately informed the Union that competitive pressures precluded any possibility that all manufacturing operations at the factory could be unionized but did offer to negotiate a change in our long-standing relationship. The Union's subsequent conduct confirms that the Union also recognized that the prior agreement was nullified.

 Id. para. 14.


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