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UNITED TRANSP. UNION v. LONG ISLAND R. CO.

No. 1120, Docket 80-7199.

634 F.2d 19 (1980)

UNITED TRANSPORTATION UNION, Appellee, v. LONG ISLAND RAIL ROAD COMPANY and Metropolitan Transportation Authority of New York, Appellants.

United States Court of Appeals, Second Circuit.

Decided September 15, 1980.

Attorney(s) appearing for the Case

Edward D. Friedman, Washington, D. C. (Harold A. Ross, Cleveland, Ohio, Sidney Fox, New York City, Highsaw, Mahoney & Friedman, P. C., Washington, D. C., Shapiro, Shiff, Beilly, Rosenberg & Fox, New York City, Ross & Kraushaar, Cleveland, Ohio, Sanchez & McKay, Congers, N.Y., of counsel), for appellee.

Eugene P. Souther, New York City (Anthony R. Mansfield, Todd M. Brinberg, Michael W. Kelly, Sheri A. Van Greenby, Seward & Kissel, New York City, Thomas M. Taranto, Jamaica, N. Y., of counsel), for appellants.

Ronald M. Etter, Acting Gen. Counsel, National Mediation Bd., Washington, D. C., filed brief for the U. S. as amicus curiae.

Before MULLIGAN, Circuit Judge, and SPEARS and SWEET, District Judges.

SWEET, District Judge.

This appeal presents the question of whether employees of the Long Island Rail Road Company (the "LIRR") are subject to the provision in New York's Taylor Law, N.Y.Civ.Serv.Law §§ 200-214 (the "Taylor Law"), prohibiting strikes by public employees,1 or the provision in the Railway Labor Act, 45 U.S.C. §§ 151 et seq. (the "RLA"), allowing for such self help.2 Resolution...

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