Legal Opinion

Civil Service Employees Ass'n v. Public Employment Relations Board

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

Decided December 23, 1987PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Kane, J.

At issue in this proceeding is whether the conduct of a grievance representative of petitioner Civil Service Employees Association, Inc. (CSEA), who was found by respondent Public Employment Relations Board (PERB) to be grossly negligent, constitutes a breach of CSEA’s duty of fair representation and is thus a violation of Civil Service Law § 209-a (2).

On September 10, 1981, intervenor, Luis Diaz, an employee of the State Department of Mental Hygiene, was served with a notice of discipline charging him with mistreatment of a patient at Pilgrim Psychiatric Center…

2Cases cited4 opinions

  1. Baker v. Board of EducationNew York Court of Appeals · 1987
  2. Smith v. SipeNew York Court of Appeals · 1986
  3. Smith v. SipeAppellate Division of the Supreme Court of the State of New York · 1985
  4. Trainosky v. New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by19 opinions

  1. Higgins v. La PagliaAppellate Division of the Supreme Court of the State of New York · 2001
  2. Travelers Indemnity Co. of Connecticut v. Losco Group, Inc.District Court, S.D. New York · 2001
  3. Oparaji v. United Federation of TeachersDistrict Court, E.D. New York · 2006
  4. Prato v. VigliottaAppellate Division of the Supreme Court of the State of New York · 1998
  5. Sapadin v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1998

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