Legal Opinion

ALLIED BLDG. INSPECTORS INT'L UNION OF OPERATING ENG'RS, LOCAL UNION NO. 211, AFL-CIO v. Office of Labor Relations of the City of New York

New York Court of Appeals

Decided July 13, 1978PublishedCited by 36 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Petitioners union and its president, in a CPLR article 78 proceeding, seek to compel respondents, the City of New York, the City Office of Labor Relations, and its director, to implement salary increases provided for in a collective bargaining agreement. Following an unsuccessful attempt by the city to perfect removal to Federal court, Special Term denied a motion to dismiss for failure to exhaust administrative remedies, namely the grievance and arbitration procedure in the agreement. A unanimous Appellate Division reversed, dismissed the petition, and directed the…

3Cases cited7 opinions

  1. Minnesota v. United StatesSupreme Court of the United States · 1939
  2. De Sapio v. KohlmeyerNew York Court of Appeals · 1974
  3. Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
  4. Matter of Haupt v. RoseNew York Court of Appeals · 1934
  5. City Trade & Industries, Ltd. v. New Central Jute Mills Co.New York Court of Appeals · 1969

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4Cited by36 opinions

  1. Nastasi v. NastasiAppellate Division of the Supreme Court of the State of New York · 2005
  2. Singer v. Jefferies & Co.New York Court of Appeals · 1991
  3. Carbon Capital Management, LLC v. American Express Co.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Flynn v. Labor Ready, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  5. Fantastic Enterprises, Inc. v. S.M.R. Enterprises, Inc.New York Supreme Court · 1988

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