New York Court of Appeals

In the Matter of Grand Jury Subpoenas for Locals 17, 135, 257 and 608 of the United Brotherhood of Carpenters And…

July 6, 198872 N.Y.2d 307

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the District Attorney’s continued possession of the subpoenaed union membership lists does not violate the First or Fourth Amendment rights of the union locals or their members. The court found that the State has a compelling interest in combating corruption in the construction industry and that the subpoenas are substantially related, not overly broad, and reasonably relevant. The court also rejected the Labor-Management Reporting and Disclosure Act as a shield. Justice Titone dissented, arguing that the subpoenas are overbroad and should be remanded for further hearing.