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IN THE MATTER OF LOCAL 1275 v. THOMPSON

113618/2009

2010 NY Slip Op 20139

IN THE MATTER OF THE APPLICATION OF LOCAL 1275, UNITED PLANT AND PRODUCTION WORKERS, IUJAT, Petitioner, v. WILLIAM C. THOMPSON, JR., AS COMPTROLLER OF THE CITY OF NEW YORK, AND SHEET ASPHALT WORKERS LOCAL 1018 OF THE PAVERS AND ROAD BUILDERS DISTRICT COUNCIL, AFFILIATED WITH THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Respondents.

Supreme Court, New York County.

Decided March 24, 2010.

Attorney(s) appearing for the Case

For Respondent William C. Thompson: MICHAEL A. CARDOZO, CORPORATION COUNSEL, Mario G. Frangiose, Esq., 100 Church St, New York, NY 10007, (212) 788-1184.

For Respondent Local 1018, Gorlick, Kravitz & Listhaus, PC, Barbara S. Mehlsack, Esq., 17 State St, New York, NY 10004, (212) 269-2500.

MICHAEL D. STALLMAN, J.

In this Article 78 petition, a labor union contests the determination of Comptroller of the City of New York with respect to the 2009-2010 prevailing wage schedules for Asphalt Raker, Tamper, and Screenperson, Micropaver, i.e., those who perform asphalt work.The Comptroller cross-moves to dismiss the petition.

BACKGROUND

Article I, § 17 of the New York State Constitution declares that

"[n]o laborer, worker or...

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