CIVIL SERV. BAR ASSN. v. NY CITY


64 N.Y.2d 188 (1984)

In the Matter of Civil Service Bar Association, Local 237, International Brotherhood of Teamsters, Petitioner, v. City of New York, Respondent, and Howard M. Katz et al., on Behalf of Themselves and All Others Similarly Situated, Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided December 27, 1984.


Attorney(s) appearing for the Case

Seymour M. Waldman, Robert B. Stulberg and Martin Jacobson for intervenors-appellants.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Fay Leoussis and June A. Witterschein of counsel), for respondent.

Judges JASEN, WACHTLER and KAYE concur with Judge JONES; Judge MEYER concurs in result in a separate opinion in which Chief Judge COOKE and Judge SIMONS concur.


JONES, J.

A union does not violate its duty of fair representation when it settles an appeal from an order confirming an arbitration award by agreeing to surrender or to diminution of benefits awarded in arbitration to some employees in exchange for benefits to other employees not affected by the original award, in the absence of arbitrary, discriminatory or bad-faith conduct by the union. In the circumstances...

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