W. IRONDEQUOIT TEACHERS v. HELSBY


35 N.Y.2d 46 (1974)

In the Matter of West Irondequoit Teachers Association, Appellant, v. Robert D. Helsby et al., Constituting the Public Employment Relations Board, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1974.


Attorney(s) appearing for the Case

Richard R. Rowley, Jeffrey G. Plant and Bernard F. Ashe for appellant.

Daniel R. Mooney for Board of Education of Central School District No. 3, Town of Irondequoit, County of Monroe, respondent.

Martin L. Barr and Jerome Thier for Public Employment Relations Board, respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER and RABIN concur; Judge STEVENS taking no part.


GABRIELLI, J.

The issue here presented is whether, as argued by appellant teachers association, class size in a public school is a term or condition of employment so as to be a mandatory topic of bargaining under the Taylor Law (Civil Service Law, art. 14); or whether, as held by a majority of the Public Employment Relations Board (PERB) and a unanimous Appellate Division, the question of class size is one of...

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