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OFF-TRACK BET v. LOCAL 235

91 A.D.2d 297 (1983)

Western Regional off-Track Betting Corporation, Appellant, v. Service Employees International Union, AFL-CIO, Local 235, Ticket Sellers, Ticket Takers, Doormen and Ushers, Respondent

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

January 31, 1983

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy, Fernbach & Smythe (John B. Drenning of counsel), for appellant.

Weston, Kane & Moen, P. C. (Timothy J. Kane of counsel), for respondent.

HANCOCK, JR., CALLAHAN and SCHNEPP, JJ., concur with DENMAN, J.; SIMONS, J. P., not participating.

DENMAN, J.

The issue presented is whether the New York State Off-Track Pari-Mutuel Betting Law (Pari-Mutuel Revenue Law [L 1940, ch 254], art VI, as added by L 1973, ch 346, as amd) permits plaintiff, a regional off-track betting corporation, to promulgate job security provisions unilaterally for inclusion in its plan of operations or whether such provisions must be formulated through negotiations with a union...

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