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MATTER OF CIVIL SERV. ASSN. v. HELSBY

21 N.Y.2d 541 (1968)

In the Matter of the Civil Service Employees Association, Inc., Respondent, v. Robert D. Helsby et al., Constituting the Public Employment Relations Board, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 7, 1968.

Attorney(s) appearing for the Case

Jerome Lefkowitz, Francis J. Higgins, Paul E. Klein, Jerome Thier, Robert J. Miller, Howard Rubenstein and Martin H. Schulman for Public Employment Relations Board, appellant.

Julius Topol for District Council 50, American Federation of State, County and Municipal Employees, AFL-CIO, appellant.

Robert D. Brady for Local 30D, International Union of Operating Engineers, AFL-CIO, appellant.

John R. Harold for Local 223, Industrial Safety Inspectors, appellant.

Robert H. Jones, III, for New York State Nurses' Association, appellant.

Louis S. Zappulla for Safety Officers' Benevolent Association, Inc., appellant.

John T. DeGraff, John Carter Rice, Seth Towse and Samuel Jacobs for respondent.

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

BREITEL, J.

This appeal brings before the court for construction the new Public Employees' Fair Employment Act (Civil Service Law, art. 14; L. 1967, ch. 392, also known as the Taylor Act). Involved is whether the Public Employment Relations Board, created by the statute, may promulgate a provisional order directing the State Negotiating Committee, designated by and acting for the Governor, to desist from negotiating...

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