Bauch v. City of New York

CourtNew York Court of Appeals
Writing for the CourtFULD
Citation237 N.E.2d 211,21 N.Y.2d 599,289 N.Y.S.2d 951
Decision Date11 April 1968
Parties, 237 N.E.2d 211, 67 L.R.R.M. (BNA) 2994, 57 Lab.Cas. P 51,877 In the Matter of Herbert S. BAUCH, as President of Local 832, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Page 951

289 N.Y.S.2d 951
21 N.Y.2d 599, 237 N.E.2d 211, 67
L.R.R.M. (BNA) 2994,
57 Lab.Cas. P 51,877
In the Matter of Herbert S. BAUCH, as President of Local
832, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of
America et al., Appellants,
v.
CITY OF NEW YORK et al., Respondents.
Court of Appeals of New York.
April 11, 1968.

Page 952

[21 N.Y.2d 600] Samuel J. Cohen and Stanley M. Berman, New York City, for appellants.

[21 N.Y.2d 601] J. Lee Rankin, Corp. Counsel (Pauline K. Berger, Norman Redlich and Philip J. Ruffo, New York City, of counsel), for respondents.

FULD, Chief Judge.

This appeal, taken upon constitutional grounds, poses the question--of first impression in this court--whether the City of New York may grant a dues 'check-off' privilege to a union representing a majority of the municipal employees in a city-wide bargaining unit and yet deny such privilege to a minority union. 1

In 1956, the city's Board of Estimate adopted a resolution which granted the check-off privilege to all organizations of city employees whose members authorized the necessary payroll deductions. At that time, the city did not recognize any union as an agent for collective bargaining. Later, the city began to recognize unions as exclusive bargaining agents if they were chosen by a majority of the employees in an appropriate bargaining unit. Even then, however, the Board of Estimate resolution extending the check-off privilege to all unions alike was not changed and the city continued to give effect to its provisions.

In April, 1967, the city modified its union recognition policies by means of an executive order of the Mayor. The order provided (1) that appropriate bargaining units for municipal [21 N.Y.2d 604] employees were to be established on a city-wide basis or, in some circumstances, on a departmental basis

Page 953

and (2) that the organization chosen by a majority of the employees in each such unit was to be recognized as the exclusive bargaining representative for all employees in the unit.

The Mayor proposes to round out this policy by means of a further executive order which will give the privilege of dues check-off solely to the exclusive bargaining agents and will withdraw it from all other unions. It is the declared opinion of the Mayor and the city's Director of Labor Relations that this plan for a restricted check-off policy, common in private industry, will afford the majority representatives a form of 'union security', will increase their prestige and responsibility and will, in consequence, stabilize the collective bargaining process.

Local 832 (International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America) and District Council 37 (American Federation of State, County and Municipal Employees, AFL-CIO) are two unions which include persons employed by the city in nonsupervisory clerical titles. District Council 37 has been recognized by the city as the exclusive bargaining representative for such employees; under the proposed plan it will thus have the exclusive benefit of the dues check-off. Local 832, on the other hand, is a minority union and, accordingly it will be deprived, under the proposed plan, of the check-off privilege it has enjoyed since 1956. 2 Strongly objecting, the latter organization, Local 832, has commenced this article 78 proceeding--through its president and several of its members on behalf of themselves and all others similarly situated--to require the city to continue the check-off of dues to it, and to enjoin the city from granting exclusive check-off privileges to District Council 37 or any other labor organization. 3 The [21 N.Y.2d 605] court at Special Term dismissed[237 N.E.2d 213] the petition and the Appellate Division unanimously affirmed the resulting order.

Under the 1963 New York City Charter (§ 8), the Mayor is authorized to 'exercise all the powers vested in the city, except as otherwise provided by law.' He is the successor to the residual powers originally possessed by the Board of Estimate under a similarly worded provision of the 1938 New York City Charter (§ 70) in effect in 1956, when that body adopted the 'non-discriminatory' check-off policy. (See, also, New York City Charter (1963), § 1142.) The city--and, thus, the Mayor on its behalf--

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is empowered to enter into contracts, to regulate the terms of employment and compensation of city employees and to determine the manner of transacting the city's business and affairs (General City Law, Consol.Laws, c. 21, § 20, subds. 1, 17, 19; § 23,...

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44 practice notes
  • Under 21 v. City of New York
    • United States
    • New York Court of Appeals
    • 28 Junio 1985
    ...8(a) of the City Charter, the Mayor has all of the residual powers of Page 527 the city. Thus, in Matter of Bauch v. City of New York, 21 N.Y.2d 599, 605, 289 N.Y.S.2d 951, 237 N.E.2d 211, we noted that the Mayor had the authority to enter into contracts on the city's behalf and to determin......
  • Connecticut State Federation of Teachers v. Board of Educ. Members, No. 720
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 21 Mayo 1976
    ...has an absolute right to "the special aid of the (employer's) collection and disbursing facilities." Bauch v. City of New York, 21 N.Y.2d 599, 608, 289 N.Y.S.2d 951, 956, 237 N.E.2d 211, 215, cert. denied, 393 U.S. 834, 89 S.Ct. 108, 21 L.Ed.2d 105 (1968); Local 858, supra, 314 F.......
  • Consumers Union of United States, Inc. v. Albright, No. 74 Civ. 234.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 25 Febrero 1977
    ...Constitutions. See Gleason v. Gleason, 26 N.Y.2d 28, 41, 308 N.Y.S.2d 347, 356, 256 N.E.2d 513, 520 (1970); Bauch v. City of New York, 21 N.Y.2d 599, 607, 289 N.Y.S.2d 951, 955, 237 N.E.2d 211, 214, cert. denied, 393 U.S. 834, 89 S.Ct. 108, 21 L.Ed.2d 105 (1968). As a result, the analysis u......
  • Montgomery v. Daniels
    • United States
    • New York Court of Appeals
    • 25 Noviembre 1975
    ...have adopted the same test. (Gleas v. Gleason, 26 N.Y.2d 28, 41, 308 N.Y.S.2d 347, 356, 256 N.E.2d 513, 520; Bauch v. City of New York, 21 N.Y.2d 599, 607, 289 N.Y.S.2d 951, 955, 237 N.E.2d 211, 214, cert. den., 393 U.S. 834, 89 S.Ct. 108, 21 L.Ed.2d 105; Bucho Holding Co. v. Temporary Stat......
  • Request a trial to view additional results
44 cases
  • Under 21 v. City of New York
    • United States
    • New York Court of Appeals
    • 28 Junio 1985
    ...8(a) of the City Charter, the Mayor has all of the residual powers of Page 527 the city. Thus, in Matter of Bauch v. City of New York, 21 N.Y.2d 599, 605, 289 N.Y.S.2d 951, 237 N.E.2d 211, we noted that the Mayor had the authority to enter into contracts on the city's behalf and to determin......
  • Connecticut State Federation of Teachers v. Board of Educ. Members, No. 720
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 21 Mayo 1976
    ...has an absolute right to "the special aid of the (employer's) collection and disbursing facilities." Bauch v. City of New York, 21 N.Y.2d 599, 608, 289 N.Y.S.2d 951, 956, 237 N.E.2d 211, 215, cert. denied, 393 U.S. 834, 89 S.Ct. 108, 21 L.Ed.2d 105 (1968); Local 858, supra, 314 F.......
  • Consumers Union of United States, Inc. v. Albright, No. 74 Civ. 234.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 25 Febrero 1977
    ...Constitutions. See Gleason v. Gleason, 26 N.Y.2d 28, 41, 308 N.Y.S.2d 347, 356, 256 N.E.2d 513, 520 (1970); Bauch v. City of New York, 21 N.Y.2d 599, 607, 289 N.Y.S.2d 951, 955, 237 N.E.2d 211, 214, cert. denied, 393 U.S. 834, 89 S.Ct. 108, 21 L.Ed.2d 105 (1968). As a result, the analysis u......
  • Montgomery v. Daniels
    • United States
    • New York Court of Appeals
    • 25 Noviembre 1975
    ...have adopted the same test. (Gleas v. Gleason, 26 N.Y.2d 28, 41, 308 N.Y.S.2d 347, 356, 256 N.E.2d 513, 520; Bauch v. City of New York, 21 N.Y.2d 599, 607, 289 N.Y.S.2d 951, 955, 237 N.E.2d 211, 214, cert. den., 393 U.S. 834, 89 S.Ct. 108, 21 L.Ed.2d 105; Bucho Holding Co. v. Temporary Stat......
  • Request a trial to view additional results

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