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CIV. SERV. ASSN. v. MILOWE

66 A.D.2d 38 (1979)

In the Matter of The Civil Service Employees Association, Inc., et al., Appellants, v. Harvey Milowe et al., Respondents. (Proceeding No. 1.) In the Matter of The Civil Service Employees Association, Inc., Petitioner, v. Harold Newman et al., Constituting The Public Employment Relations Board, et al., Respondents. (Proceeding No. 2.)

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

January 11, 1979

Attorney(s) appearing for the Case

Roemer & Featherstonhaugh (James W. Roemer, Jr., of counsel), for appellants.

Martin L. Barr for Harold Newman and others, respondents.

James R. Sandner for Public Employees Federation, respondent.

Louis J. Lefkowitz, Attorney-General (Michael F. Colligan and William J. Kogan of counsel), for James B. Northrop and another, respondents.

GREENBLOTT, SWEENEY and STALEY, JR., JJ., concur with KANE, J.; MAHONEY, P. J., concurs in part and dissents in part in an opinion.

KANE, J.

On August 31, 1977, the Public Employees Federation (PEF) filed a petition for decertification of CSEA as the exclusive bargaining representative for the Professional, Scientific and Technical Services Bargaining Unit (PS&T unit) and certification of PEF as its bargaining agent. In order to file such a petition, PERB required that the petition be supported by a showing of interest of at least 30%...

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