Schwartz v. Board of Education — 239 N.Y. 566

Majority

p. 566

John W. Schwartz, Appellant, v. The Board of Education of the City of New York, Respondent.

Headnote

New York City— board of education — power to fix wages of lineman- electrician in its employ at other than prevai.ing rate.

Schwartz v. Board of Education, City of New York, 209 App. Div. 738 , affirmed.

(Submitted October 20, 1924;

decided November 25, 1924.)

Appeal, by permission, from a judgment, entered June 9, 1924, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a determination of the Appellate Term which affirmed a judgment of the Municipal Court of the city of New York in favor of plaintiff and directing a dismissal of the

p. 567

complaint. The action was to recover the difference between nine dollars per day, paid to the plaintiff as an employee of the board of education in the position of lineman-electrician, and nine dollars and sixty cents per day, during the period from August 1, 1920, to May 15, 1923, to which he claimed to be entitled under chapter 680 of the Laws of 1920, and schedules and by-laws of the board of education adopted June 16,. 1920, pursuant to said law. The Appellate Division held that by virtue of the provisions of the Labor Law, the plaintiff being entitled to the prevailing rate of wages, the board of education had no power to actually fix his wages or to provide any rate as his compensation other than the prevailing rate.

Maurice Breen for appellant.

George P. Nicholson, Corporation Counsel (John F. O’Brien and Henry J. Shields of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.