City of Albany v. Public Employment Relations Board

Larkin J. (dissenting).

We respectfully dissent.

George Strokes, a civil service employee charge with negligently operating a crane causing injuries to a fellow employee, was discharged following a hearing (Civil Service Law, § 75). Thereafter, and before the article 78 proceeding was determined (it is still pending), Strokes filed a charge with PERB, *378alleging that he was discharged because of his union activities. PERB, finding that Strokes’ discharge "was motivated by anti-union animus”, ordered reinstatement with back pay. The instant proceeding ensued and the majority, by confirming PERB’s…