YONKERS SCH. CROSSING GUARD UNION OF WESTCHESTER CHAPTER, CSEA, INC. v. CITY OF YONKERS


39 N.Y.2d 964 (1976)

Yonkers School Crossing Guard Union of Westchester Chapter, CSEA, Inc., Appellant, v. City of Yonkers et al., Respondents.

Court of Appeals of the State of New York.

Decided July 1, 1976.


Attorney(s) appearing for the Case

Arthur H. Grae and James M. Rose for appellant.

Eugene J. Fox, Corporation Counsel (William N. Carroll of counsel), for City of Yonkers, respondent.

Louis J. Lefkowitz, Attorney-General (Shirley Adelson Siegel and Samuel A. Hirshowitz of counsel), for New York State Emergency Financial Control Board for City of Yonkers, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order of the Appellate Division affirmed, with costs.

Section (B) of article 9 of the collective agreement provides "Present members may be removed for cause but will not be removed as a result of Post elimination."

This clause is not a "job security" clause in the sense of those considered in Matter of Board of Educ. v Yonkers Federation of Teachers (40 N.Y.2d 268

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