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RANKIN v. SHANKER

23 N.Y.2d 111 (1968)

J. Lee Rankin, Corporation Counsel of the City of New York, on Behalf of the Board of Education of the City of New York, Respondent, v. Albert Shanker, Individually and on Behalf of the United Federation of Teachers, Local 2, American Federation of Teachers, AFL-CIO, et al., Appellants. J. Lee Rankin, Corporation Counsel of the City of New York, on Behalf of the Board of Education of the City of New York, Respondent, v. Albert Shanker, Individually and as President of the United Federation of Teachers, Local 2, American Federation of Teachers, AFL-CIO, et al., Defendants, and Walter J. Degnan, Individually and as President of the Council of Supervisory Associations, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 30, 1968.

Attorney(s) appearing for the Case

Ralph R. Katz, Ernest Fleischman, Stephen F. Gordon and Martin R. Ganzglass for Albert Shanker and another, appellants.

Max H. Frankle, Everett E. Lewis and Bernard Yaker for Walter J. Degnan and others, appellants.

J. Lee Rankin, Corporation Counsel (Frederic S. Nathan, William M. Murphy and Laurence D. Cherkis of counsel), for respondent.

Judges SCILEPPI, BREITEL and JASEN concur with Chief Judge FULD; Judge BURKE dissents and votes to reverse in an opinion in which Judges BERGAN and KEATING concur, Judge KEATING in a separate opinion in which Judges BURKE and BERGAN also concur.

Chief Judge FULD.

These appeals require us to pass upon a fundamental question of high importance in connection with the enforcement of the provisions of the recently enacted Taylor Law (L. 1967, ch. 392; Civil Service Law, art. 14, §§ 200-212). Are public employees or the unions which represent them entitled, as a matter of right, to trial by jury in a criminal contempt proceeding brought against them...

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