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DIVISION 580, ETC. v. CENTRAL NEW YORK, ETC.

No. 639, Docket 77-7546.

578 F.2d 29 (1978)

DIVISION 580, AMALGAMATED TRANSIT UNION, AFL-CIO, Appellant, v. CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided June 7, 1978.

Attorney(s) appearing for the Case

Jules L. Smith, Syracuse, N. Y. (Blitman & King, Bernard T. King, James R. LaVaute, Syracuse, N. Y., and Earle W. Putnam, Gen. Counsel, Amalgamated Transit Union, Washington, D. C., on the brief), for appellant.

Joseph S. Kaufman, Baltimore, Md. (Melnicove, Kaufman & Weiner, P. A., D. Christopher Ohly, Baltimore, Md., Axenfeld, Webb, Marshall, Bersani & Scolaro and Barry M. Shulman, Syracuse, N. Y., on the brief), for appellees.

Before LUMBARD, TIMBERS and GURFEIN, Circuit Judges.

LUMBARD, Circuit Judge:

This appeal from an order of the Northern District of New York, Port, J., raises the question what is the proper forum for determining when section 13(c) of the Urban Mass Transportation Act of 1964 ["UMTA"], 49 U.S.C. § 1609(c), requires that affected employers and unions agree to compulsory interest arbitration of the terms of a new collective bargaining agreement. Judge Port dismissed the suit of Division 580 of the Amalgamated Transit...

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