NYC. TR. v. TRANSPORT WORKERS

No. 4

14 N.Y.3d 119 (2010)

924 N.E.2d 797

897 N.Y.S.2d 689

In the Matter of NEW YORK CITY TRANSIT AUTHORITY, Respondent, v. TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100, et al., Appellants.

Court of Appeals of New York.

Decided February 18, 2010.


Attorney(s) appearing for the Case

Gladstein, Reif & Meginniss, LLP, New York City ( Beth M. Margolis of counsel), for appellants.

Office of the General Counsel, New York City Transit Authority, Brooklyn ( Baimusa Kamara and Richard Schoolman of counsel), for respondent.

James R. Sandner , Latham, Richard E. Casagrande and Marilyn Raskin-Ortiz for New York State United Teachers, amicus curiae.

Judges CIPARICK, GRAFFEO, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents and votes to affirm in a separate opinion in which Judge READ concurs.


OPINION OF THE COURT

Chief Judge LIPPMAN.

The New York City Transit Authority (Transit Authority) sought to terminate an employee in connection with allegations that the employee assaulted a member of the public on a subway platform. Pursuant to the grievance procedures of the collective bargaining agreement (CBA) entered into by the Transit Authority and the employee's union, Transport Workers Union of America...

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