Civil Service Forum v. New York City Transit Authority

• Decision Date: 03 April 1958
• Citation: 4 N.Y.2d 866,174 N.Y.S.2d 234,150 N.E.2d 705
• Parties: , 150 N.E.2d 705 CIVIL SERVICE FORUM, by Frederick Q. Wendt et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, and Michael J. Quill, as International President of the Transport Workers Union of America, C I O, etc., Intervenor-Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 234

174 N.Y.S.2d 234

4 N.Y.2d 866, 150 N.E.2d 705

CIVIL SERVICE FORUM, by Frederick Q. Wendt et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, and Michael J Quill, as International President of the Transport Workers Union of America, C I O, etc Intervenor-Respondent.

Court of Appeals of New York.

April 3, 1958.

Appeal from Supreme Court, Appellate Division, Second Department, 4 A.D.2d 117, 163 N.Y.S.2d 476.

First union and several members thereof, who were employees of the New York City Transit Authority, brought action under Section 473 of the Civil Practice Act against the New York City Transit Authority for a declaratory judgment. President of second union was permitted to intervene as a defendant.

The Supreme Court, Special Term, Kings County, John E. Cone, J., 3 Misc.2d 346, 151 N.Y.S.2d 402, entered an order dismissing the complaint, and the first union and others appealed.

The Appellate Division, 4 A.D.2d 117, 163 N.Y.S.2d 476, Nolan, P. J., reversed the order, directed judgment for the Transit Authority and the second union, and held that the Transit Authority had power to enter into collective bargaining agreement, enabling it to estimate its labor costs for a fixed period and to make necessary plans for operation of its transit system on a self-sustaining basis, where agreement protected civil service and other rights of employees and was made subject to appropriate provisions of applicable statutes.

The first union and others appealed to the Court of Appeals, contending that collective bargaining agreement constituted an exclusive collective bargaining agreement, and that Transit Authority had no power to enter into an exclusive bargaining agreement.

Lester G. Knopping, New York City (Lester G. Knopping and Nathan Grossman, New York City, on the brief), for plaintiffs-appellants.

Daniel T. Scannell, New York City (Daniel T. Scannell and Helen R. Cassidy, New York City, and Edward L. Cox. Jr., Brooklyn, of counsel), for respondent New York City Transit Authority.

O'Donnell & Schwartz, New York City (John F. O'Donnell, New York City, on the brief), for defendant-respondent Transport Workers Union of America, AFL-CIO.

Judgment affirmed, with costs.

All concur; VAN VOORHIS, J., concurs in memorandum in which FROESSEL, J., concurs.

VAN VOORHIS, Judge.

I concur for affirmance mainly by reason of the limited nature of this contract combined with the history of unionization of this industry while under...