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NY CITY TR. AUTH. v. PERB

27 A.D.3d 11 (2005)

811 N.Y.S.2d 71

In the Matter of NEW YORK CITY TRANSIT AUTHORITY, Appellant, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

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

December 27, 2005.

Attorney(s) appearing for the Case

Martin B. Schnabel, Brooklyn (Robert K. Drinan of counsel), for appellant.

Gary Johnson, Albany (Sandra M. Nathan of counsel), for New York State Public Employment Relations Board, respondent.

Kennedy, Schwartz & Cure, P.C., New York City (Stuart Lichten of counsel), for Transport Workers Union, Local 100, respondent.

James R. Sandner, New York City (Conrad W. Lower of counsel), for New York State United Teachers, amicus curiae.

ADAMS, J.P., SANTUCCI and RIVERA, JJ., concur.

OPINION OF THE COURT

COZIER, J.

The United States Supreme Court held in NLRB v J. Weingarten, Inc. (420 U.S. 251 [1975]) that a private sector employee has a statutory right under section 7 of the National Labor Relations Act (NLRA) (29 USC § 157) to refuse to submit, without union representation, to an investigatory interview which the employee reasonably believes...

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