In the Matter of NEW YORK CITY TRANSIT AUTHORITY, Appellant,
v.
NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 3, 2007.
Decided February 20, 2007.
Attorney(s) appearing for the Case
Robert K. Drinan, Brooklyn, and Martin B. Schnabel for appellant.
Sandra M. Nathan, Albany, and William L. Busler for New York State Public Employment Relations Board, respondent.
Schwartz, Lichten & Bright, P.C., New York City (Stuart Lichten of counsel), for Transport Workers Union of America, Local 100, respondent.
Nancy E. Hoffman, Albany, William A. Herbert and Jerome Lefkowitz for Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, amicus curiae.
James R. Sandner, New York City, and Stuart I. Lipkind for New York State United Teachers, amicus curiae.
Judges GRAFFEO, READ and PIGOTT concur with Judge SMITH; Chief Judge KAYE dissents in a separate opinion in which Judge CIPARICK concurs; Judge JONES taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
SMITH, J.
The National Labor Relations Act (NLRA), as interpreted in NLRB v J. Weingarten, Inc. (420 U.S. 251 [1975]), gives to an employee of a firm subject to the NLRA the right to have a union representative present with the employee at an investigatory interview, if the employee reasonably believes that the interview might result in disciplinary action—a so-called "Weingarten right...
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