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MATTER OF LEVITT v. BOARD OF CERTIFICATION OF THE OFFICE OF COLLECTIVE BARGAINING

273 A.D.2d 104 (2000)

710 N.Y.S.2d 324

In the Matter of KENNETH LEVITT et al., Appellants, v. BOARD OF CERTIFICATION OF THE OFFICE OF COLLECTIVE BARGAINING et al., Respondents.

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

Decided June 15, 2000.

The determination of respondent Board of Certification of the City of New York Office of Collective Bargaining that petitioners, four Hearing Officers of the Parking Violations Bureau (PVB), are not eligible to collectively bargain with the City as part of an existing unit is rationally based on Vehicle and Traffic Law § 236 (2) (d). That provision states, in pertinent part, that "[s]uch hearing examiners shall not be considered employees of the city in which the administrative...

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