New York City Transit Authority v. New York State Public Employment Relations Board

Chief Judge Kaye

(dissenting). In 1967, the New York State Legislature enacted the Public Employees’ Fair Employment Act (Civil Service Law, art 14, § 200 et seq., popularly known as the Taylor Law [L 1967, ch 392, § 2]), explicitly to promote harmonious labor relations in the public sector. Today’s decision will, I fear, foster dissonance.

The Public Employment Relations Board (PERB) determined that permitting an employee to have a union representative at *235an interview which the employee reasonably fears may result in discipline is a right granted under the Taylor Law. Construing the statute de…