TRANSP. WORKERS v. PERB


58 N.Y.2d 354 (1983)

In the Matter of Local 252, Transport Workers Union of America, AFL-CIO, Respondent, v. New York State Public Employment Relations Board, Appellant, and Metropolitan Suburban Bus Authority, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1983.


Attorney(s) appearing for the Case

Martin L. Barr and Anthony Cagliostro for appellant.

Mary P. Bass and Lester G. Freundlich for intervenor-appellant.

Amy Gladstein and Walter M. Meginniss, Jr., for respondent.

Marc Silverman, Ruth Raisfeld and Laura Jacobs for "Straphangers Campaign", amicus curiae.

Chief Judge COOKE and Judges JASEN, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


JONES, J.

The Public Employment Relations Board is not precluded from determining that concerted refusal of bus drivers to perform duties in the normal manner for the purpose of securing job-related demands constitutes a strike in violation of the Taylor Law although the normal manner of performance would entail violations of the Vehicle and Traffic Law where citation to such violations is only a pretext. In...

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