ALLIED BLDG. INSPECTORS INT'L UNION OF OPERATING ENG'RS, LOCAL UNION NO. 211, AFL-CIO v. OFFICE OF LABOR RELATIONS OF THE CITY OF NEW YORK


45 N.Y.2d 735 (1978)

Allied Building Inspectors International Union of Operating Engineers, Local Union No. 211, AFL-CIO, et al., Appellants, v. Office of Labor Relations of the City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided July 13, 1978.


Attorney(s) appearing for the Case

Joseph S. Kaming and Marc S. Krieg for appellants.

Allen G. Schwartz, Corporation Counsel (Paul T. Rephen and Leonard Koerner of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

Petitioners union and its president, in a CPLR article 78 proceeding, seek to compel respondents, the City of New York, the City Office of Labor Relations, and its director, to implement salary increases provided for in a collective bargaining agreement. Following an unsuccessful attempt by the city to perfect removal to Federal court, Special Term denied a motion to dismiss for failure to exhaust administrative...

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