Legal Opinion

Board of Education v. Helsby

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

Decided December 2, 1971PublishedCited by 6 opinions

1Opinion of the CourtGajbbielli, J.

This proceeding brought pursuant to article 78 of the CPLR challenges the statutory authority and jurisdiction of the Public Employment Relations Board (PERB) to entertain and act upon an “ improper practice ” charge by which it is alleged that the petitioner Board of Education (Board) dismissed five probationary teachers “ solely because of their activity in support of the Grand Island Teachers’ Association (GITA) in violation of the Public Employees ’ Fair Employment Act or their membership in the same ”. This act is established *495by article 14 of the Civil Service Law and is popularly known…

2Cases cited4 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Shelton v. TuckerSupreme Court of the United States · 1960
  3. Keyishian v. Board of Regents of Univ. of State of NYSupreme Court of the United States · 1966
  4. City of Rochester v. . CampbellNew York Court of Appeals · 1890

3Cited by6 opinions

  1. Jefferson County Board of Supervisors v. New York State Public Employment Relations BoardNew York Court of Appeals · 1975
  2. Seitz v. DUVAL CTY. SCH. BD.District Court of Appeal of Florida · 1977
  3. City School District v. Peekskill Faculty Ass'n—NYSUTAppellate Division of the Supreme Court of the State of New York · 1977
  4. LaValle v. HaydenNew York Supreme Court · 1999
  5. MATTER OF CURLE v. WardNew York Court of Appeals · 1979

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