IN THE MATTER OF TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100, AFL-CIO v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD


24 A.D.3d 224 (2005)

805 N.Y.S.2d 83

In the Matter of TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100, AFL-CIO, Petitioner, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

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

December 13, 2005.


PERB's determination that a follow-up medical appointment scheduled for petitioner's union member was not an investigatory interview at which the employee was entitled to union representation was based upon its interpretation of the facts at the hearing, and not one that turned simply on statutory construction. Accordingly, the appropriate standard of review is whether there was substantial evidence to support PERB's determination (see 300 Gramatan Ave. Assoc. v. State...

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