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MATTER OF SOC'Y OF THE NEW YORK HOSP. v. NEW YORK STATE LABOR RELATIONS BD.

40 A.D.2d 603 (1972)

In the Matter of The Society of the New York Hospital, Petitioner, v. New York State Labor Relations Board, Respondent, and Maintenance Division of the Building and Construction Trades Council of Greater New York, AFL-CIO, et al., Intervenors-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

September 28, 1972

In arriving at its conclusion as to the appropriate unit, the board relied upon transcripts of outdated hearings on the subject, inappropriately placing upon petitioner the burden of disproving the applicability of the earlier evidence. (See State Labor Relations Bd. v. Shattuck Co., 260 App. Div. 315, 321.) Remand is required to assure that pertinent evidence on the subject of appropriate bargaining unit, updated to the time of the hearing, may be considered. (See...

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