Kirkland v. New York State Department of Correctional Services

How later courts describe this case

• holding that there was no interception when the police listened to a tape of a telephone conversation previously recorded by one of the parties to the conversation
• enforcingan arbitration award of damages where the employer violated the collective bargaining agreement’s subcontracting clause by hiring a subcontractor who had no contact with the union
• none of valid objectives of inventory search require officers to play cassette tapes found in vehicle
• section 301 contract action not precluded by section 10(k) ruling where former not inconsistent with latter
• “The exemption applies, then, even if the purpose of the conversation is criminal, as long as the purpose of the recording is not.”
• in evaluating the validity of trade practices in connection with a franchise, "`the underlying issues are economic as much as legal'"
• 30.8% of the Whites passed exam while only 7.7% of the Blacks passed the exam for promotion to Correction Sergeant.
• despite conflict between collective bargaining agreement and NLRB work jurisdiction award, court did not void contract and enjoin arbitration