MTR. OF BARNI v. BD. OF EUDC.


96 Misc.2d 192 (1978)

In the Matter of Joseph Barni et al., Petitioners, v. Board of Education of Lakeland Central School District of Shrub Oak et al., Respondents.

Supreme Court, Westchester County.

July 17, 1978


Attorney(s) appearing for the Case

James R. Sandner and Jeffrey S. Karp for petitioners. Steyer & Sirota (Murray Steyer of counsel), for respondents.


TIMOTHY J. SULLIVAN, J.

Can the two-for-one payroll penalty of the Taylor Law be imposed for those days in which a striking employee was in jail as a result of violating a back-to-work court order; or does the fact that the striker is in jail provide him with a defense for those days he is actually in jail? This is the novel issue confronting the court in this proceeding.

FACTS

On or about October 25, 1977 the petitioners were all found...

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