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LOCAL 195 v. HELSBY

62 A.D.2d 12 (1978)

In the Matter of Auburn Police Local 195, Council 82, American Federation of State, County and Municipal Employees, AFL-CIO, Respondent, v. Robert D. Helsby et al., Constituting The Public Employment Relations Board, Appellant, and City of Auburn, Respondent

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

April 6, 1978

Attorney(s) appearing for the Case

Martin L. Barr (Jerome Thier of counsel), for appellant.

Rowley & Forrest, P. C. (Brian J. O'Donnell of counsel), for Auburn Police Local 195, Council 82, American Federation of State, County and Municipal Employees, AFL-CIO, respondent.

Harris, Beach, Wilcox, Rubin & Levy for City of Auburn, respondent.

Blitman & King (Bernard T. King and James R. La Vaute of counsel), for American Federation of State, County and Municipal Employees, New York Council 66, AFL-CIO, amicus curiae.

GREENBLOTT, J. P., SWEENEY, MAIN and MIKOLL, JJ., concur.

HERLIHY, J.

The petitioner and the City of Auburn commenced negotiations pursuant to the provisions of article 14 of the Civil Service Law (Taylor Law) regarding a new employment contract and the petitioner in those proceedings demanded negotiations on a proposed contract article to govern "Discipline and Discharge". The article contained terms which had not been adopted by the parties in previous contracts and...

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