Syracuse Teachers Ass'n Inc. v. Board of Educ., Syracuse City School Dist.

Decision Date23 October 1974
Parties, 320 N.E.2d 646, 88 L.R.R.M. (BNA) 2112, 76 Lab.Cas. P 53,579 SYRACUSE TEACHERS ASSOCIATION, INCORPORATED, Respondent, v. BOARD OF EDUCATION, SYRACUSE CITY SCHOOL DISTRICT, Respondent and Third-Party Plaintiff-Respondent, The Comptroller of the State of New York, Third-Party Defendant-Appellant.
CourtNew York Court of Appeals Court of Appeals

Order, 42 A.D.2d 73, 345 N.Y.S.2d 239, affirmed, with costs, in the following memorandum: One should construe the language in Board of Educ., Huntington v. Teachers, 30 N.Y.2d 122, 130, 331 N.Y.S.2d 17, 282 N.E.2d 109 to mean that collective bargaining under the Taylor Law (Civil Service Law, Consol.Laws, c. 7, § 204, subd. 1) has broad scope with respect to the terms and conditions of employment limited by plain and clear, rather than express, prohibitions in the statute or decisional law (see, generally, Matter of West Irondequoit Teachers Ass'n v. Helsby, 35 N.Y.2d 46, 358 N.Y.S.2d 720, 315 N.E.2d 775, citing and discussing theHuntington case). Even so, for the reasons stated in the opinion of Mr. Justice Witmer at the Appellate Division the collective bargaining agreement in suit validly provided for a 'Sick Leave Bank'.

BREITEL, C.J., and GABRIELLI, JONES, WACHTLER, SAMUEL RABIN and STEVENS, JJ., concur.

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