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MATTER OF NEW YORK CITY TRANSIT AUTHORITY v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD

No. 95.

19 N.Y.3d 876 (2012)

972 N.E.2d 83

948 N.Y.S.2d 842

2012 NY Slip Op 4377

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 New York.

Decided June 7, 2012.

Attorney(s) appearing for the Case

Martin B. Schnabel , General Counsel for New York City Transit Authority, Brooklyn ( Robert K. Drinan and Mariel A. Tanne of counsel), for appellant.

David P. Quinn , Albany, for New York State Public Employment Relations Board, respondent.

Cary Kane LLP, New York City ( Nicholas Hanlon and Larry Cary of counsel), for Transport Workers Union of America, Local 100, respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and READ concur; Judge SMITH dissents in an opinion in which Judge PIGOTT concurs; Judge JONES taking no part.

OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

In April 2000, the New York City Transit Authority (the NYCTA) unilaterally instituted a policy regarding dual employment. Under the policy, a NYCTA employee may engage in dual employment provided that it does not "interfere with the proper and effective discharge of the employee's duties with the...

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