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MATTER OF CSEA v. PERB

132 A.D.2d 430 (1987)

In the Matter of Civil Service Employees Association, Inc., et al., Petitioners, v. Public Employment Relations Board et al., Respondents, and Luis Diaz, Intervenor-Respondent

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

December 23, 1987

Attorney(s) appearing for the Case

Marjorie E. Karowe for petitioners.

Martin L. Barr (Jerome Thier of counsel), for Public Employment Relations Board, respondent.

August J. Ginocchio for intervenor-respondent.

MAHONEY, P. J., and HARVEY, J., concur with KANE, J.; WEISS and MIKOLL, JJ., dissent and vote to confirm in an opinion by MIKOLL, J.

KANE, J.

At issue in this proceeding is whether the conduct of a grievance representative of petitioner Civil Service Employees Association, Inc. (CSEA), who was found by respondent Public Employment Relations Board (PERB) to be grossly negligent, constitutes a breach of CSEA's duty of fair representation and is thus a violation of Civil Service Law § 209-a (2).

On September 10, 1981, intervenor...

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