Cody v. Kelley

In this action for a declaratory judgment, plaintiff seeks the invalidation of an election conducted by the New York State Labor Relations Board (hereinafter called the “ Board ”) to certify employee representative for the purposes of collective bargaining. More specifically plaintiff complains that the Board exceeded its authority in declaring void “ write-in ” ballots naming plaintiff as the employees’ choice, and in refusing to permit plaintiff to intervene and participate in the election and to be designated as a party' on the ballot. Upon the trial of this suit, the parties submitted the…