Legal Opinion · Dissent

Amalgamated Transit Union v. Newman

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1980Published

1Dissent

Moule, J. (dissenting).

On December 14 and 15, 1978 the employees of the Niagara Frontier Transit Metro System, Inc. (Metro), members of the Amalgamated Transit Union, Division 1342 (ATU), engaged in a wildcat strike. On March 13,1979 the New York State Public Employment Relations Board (PERB) charged that ATU caused, instigated, encouraged, condoned and engaged in a strike, in violation of subdivision 1 of section 210 of the Civil Service Law.

A hearing was held on May 30, 1979 and, in a written report of August 21,1979, the hearing officer recommended *112that the charge be dismissed. PERB…

2Cases cited6 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  3. Purdy v. KreisbergNew York Court of Appeals · 1979
  4. Holland v. EdwardsNew York Court of Appeals · 1954
  5. Sanford v. RockefellerNew York Court of Appeals · 1974

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