AMALGAMATED TR v. NEWMAN


78 A.D.2d 105 (1980)

Amalgamated Transit Union, Divison 1342, Petitioner, v. Harold R. Newman et al., Individually and as Chairman and Members of the Public Employment Relations Board of The State of New York, Respondents

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

December 23, 1980


Attorney(s) appearing for the Case

Barlow, Rosenthal, Siegel, Muenkel & Wolf (Jay N. Rosenthal of counsel), for petitioner.

Martin L. Barr (Anthony Cagliostro of counsel), for respondents.

HANCOCK, Jr. and CALLAHAN, JJ., concur with DILLON, P. J.; CARDAMONE and MOULE, JJ., dissent and vote to confirm the determination in an opinion by MOULE, J.


DILLON, P. J.

Counsel for the New York State Public Employment Relations Board (PERB) charged that petitioner "caused, instigated, encouraged, condoned and engaged in a strike" against the Niagara Frontier Transit Metro System, Inc. (NFT Metro) on December 14 and 15, 1978 (see Civil Service Law, § 210, subd 1). Following a hearing upon which the hearing officer recommended that the charge be dismissed, PERB...

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