Legal Opinion

Matter of Phillips v. Manhattan & Bronx Surface Tr. Operating Auth.

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

Decided August 18, 2015No. 652740/13 14249PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Renwick, J.

This case stems from a bus driver’s employment termination by the Manhattan and Bronx Surface Transit Operating Authority (Transit Authority) for alleged sexual harassment of a bus dispatcher. The bus operator did not contest the charges or the penalty. Instead, his union challenged the Transit Authority’s power to impose the disciplinary penalty of termination against an employee who had been put on union-paid release time prior to the Transit Authority imposing such penalty. The dispute culminated with an arbitration as mandated by the terms of the collective…

2Cases cited6 opinions

  1. Williams v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
  2. In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
  3. Mulvihill v. Top-Flite Golf Co.Court of Appeals for the First Circuit · 2003
  4. Cohoes City School District v. Cohoes Teachers Ass'nNew York Court of Appeals · 1976
  5. Associated Teachers of Huntington, Inc. v. Board of EducationNew York Court of Appeals · 1973

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3Cited by8 opinions

  1. In Re the Arbitration Between Virginia Livermore-Johnson & New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2017
  2. Civil Serv. Employees Assn., A.F.S.C.M.E. Local 1000, A.F.L.-C.I.O. by its Local 830 v. Nassau Healthcare Corp.Appellate Division of the Supreme Court of the State of New York · 2020
  3. Matter of New York Off. for People with Dev.al Disabilities (Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO)Appellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of Board of Hampton House Condominium v. Rora LLCAppellate Division of the Supreme Court of the State of New York · 2020
  5. In re the Arbitration between BukowskiAppellate Division of the Supreme Court of the State of New York · 2017

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