Yonkers Federation of Teachers v. Board of Education

Appellate Division of the Supreme Court of New York

Yonkers Federation of Teachers v. Board of Education

79 A.D.2d 658, 437 N.Y.S.2d 921, 1980 N.Y. App. Div. LEXIS 14029

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

DecidedDecember 15, 1980

StatusPublished

This text of 79 A.D.2d 658 (Yonkers Federation of Teachers v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yonkers Federation of Teachers v. Board of Education, 79 A.D.2d 658, 437 N.Y.S.2d 921, 1980 N.Y. App. Div. LEXIS 14029 (N.Y. Ct. App. 1980).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the Public Employment Relations Board, dated May 2, 1980 and made after a hearing, which (1) found that petitioner had engaged in a strike in violation of section 210 of the Civil Service Law, that petitioner was not relieved of its responsibility for the strike by reason of the employer’s conduct, and that the strike adversely affected the welfare of the community and (2) ordered the respondent Board of Education, Yonkers City School District, to cease deducting dues or agency shop fee payments on behalf of the petitioner for a period of nine months. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The penalty imposed (nine months’ suspension of dues and agency shop checkoff privileges) after a 15-day strike was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). We have examined petitioner’s other contentions and find them to be without merit. Mangano, J. P., Gibbons, Gulotta and O’Connor, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the Public Employment Relations Board, dated May 2, 1980 and made after a hearing, which (1) found that petitioner had engaged in a strike in violation of section 210 of the Civil Service Law, that petitioner was not relieved of its responsibility for the strike by reason of the employer’s conduct, and that the strike adversely affected the welfare of the community and (2) ordered the respondent Board of Education, Yonkers City School District, to cease deducting dues or agency shop fee payments on behalf of the petitioner for a period of nine months. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The penalty imposed (nine months’ suspension of dues and agency shop checkoff privileges) after a 15-day strike was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). We have examined petitioner’s other contentions and find them to be without merit. Mangano, J. P., Gibbons, Gulotta and O’Connor, JJ., concur.

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Bluebook (online)

79 A.D.2d 658, 437 N.Y.S.2d 921, 1980 N.Y. App. Div. LEXIS 14029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yonkers-federation-of-teachers-v-board-of-education-nyappdiv-1980.