LAWE v. NEWMAN

Nos. 371, 400, Dockets 82-7588, 82-7612.

689 F.2d 378 (1982)

John LAWE, as President of Local 100, Transport Workers Union of America, AFL-CIO; Weyman Carey, individually and on behalf of the New York City Transit Authority similarly situated; John Meehan, individually and on behalf of all employees of the Manhattan and Bronx Surface Transit Operating Authority similarly situated, Plaintiffs-Appellants, v. Harold NEWMAN, Ida Klaus and David Randles, as members of the New York State Public Employment Relations Board; New York City Transit Authority, Manhattan and Bronx Surface Transit Operating Authority, Defendants-Appellees. John WILSON, as President of Local 1056, Amalgamated Transit Union of America, AFL-CIO; Earl Dykes, individually and on behalf of all employees of the New York City Transit Authority similarly situated; Louis Caravone, as President of Local 726, Amalgamated Transit Union of America, AFL-CIO; Floyd Thompson, individually and on behalf of all employees of the New York City Transit Authority similarly situated, Plaintiffs-Appellants, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD and New York City Transit Authority, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 20, 1982.


Attorney(s) appearing for the Case

John F. O'Donnell, New York City (O'Donnell & Schwartz, New York City, of counsel), for plaintiffs-appellants.

Stanley A. Camhi, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Sol. Gen., Richard Grant Liskov, Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Before LUMBARD, CARDAMONE and WINTER, Circuit Judges.


PER CURIAM:

In April, 1980 the Transit Workers Union (Union) carried out an illegal strike against the New York City Transit Authority. Subsequently the Union was penalized for its actions by the New York Public Employment Relations Board (PERB). Among the sanctions ordered by PERB was the suspension of the Union's dues checkoff privilege, N.Y. Civ. Serv. Law § 208 (McKinney 1973). This suit1

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