Nikiel v. City of Buffalo

Order unanimously reversed, with costs, and motion denied. Memorandum: Plaintiffs are building inspectors employed by the defendant City of Buffalo. On May 2,1977 the defendant city posted a notice for two positions of "Rehabilitation Construction Analyst” in the Department of Community Development. These positions are covered by the collective bargaining agreement between the city and the defendant union, Local 2651, American Federation of State, County and Municipal Employees. Although not members of this union, plaintiffs are subject to the terms of the agreement and under the agency shop…