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MTR. OF CITY OF ALBANY v. HELSBY

29 N.Y.2d 433 (1972)

In the Matter of City of Albany et al., Appellants-Respondents, v. Robert D. Helsby et al., Constituting the Public Employment Relations Board, Respondents-Appellants, and Albany Permanent Professional Firefighters Association, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided January 13, 1972.

Attorney(s) appearing for the Case

John W. Hacker, Corporation Counsel (Robert G. Lyman of counsel), for appellants.

Martin L. Barr, Jerome Thier and Kenneth J. Toomey for respondents.

Chief Judge FULD and Judges BURKE and BREITEL concur with Judge JASEN; Judges SCILEPPI, BERGAN and GIBSON dissent and vote to affirm on the opinion at the Appellate Division.

JASEN, J.

On August 20, 1970, the Public Employment Relations Board (PERB) determined, after a hearing, that the petitioner, City of Albany, had violated section 209-a (subd. 1, par. [a] and subd. 1, par. [c]) of the Civil Service Law by transferring three firefighter employees, one of whom was also demoted, to different fire companies as part of a concerted attempt to discourage "the organizational activities...

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