Bauch v. City of New York

Chief Judge Fuld.

This appeal, taken upon constitutional grounds, poses the question — of first impression in this court—whether the City of New York may grant a dues “ check-off ” privilege to a union representing a majority of the municipal employees in a city-wide bargaining unit and yet deny such privilege to a minority union.1

In 1956, the city’s Board of Estimate adopted a resolution which granted the check-off privilege to all organizations of city employees whose members authorized the necessary payroll deductions. At that time, the city did not recognize any union as an agent for…