Kirkland v. New York State Department of Correctional Services

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 | enforcing- an 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 | 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'" | 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 | section 301 contract action not precluded by section 10(k) ruling where former not inconsistent with latter | the court discusses complete absence of the facts underlying the indictment discussed at the grand jury | ‘Where general terms or expressions in one part of a statute are inconsistent with more specific provisions in another part thereof, the specific provisions must govern.” | proof of acceptance of a burdensome or uneconomic offer of a "tied” product is some evidence of coercion, but such proof alone does not establish, prima facie, the coercion element of a tying claim.