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Civil Service Forum v. New York City Transit Authority

4 N.Y.2d 866 Court N.Y. Decision date 1958-04-03 English

Decision Majority · Concurring — Van Voobhis, J.

Contents
p. 866
Civil Service Forum, by Frederick Q. Wendt, Its President, et al., Appellants, v. New York City Transit Authority, Respondent, and Michael J. Quill, as International President of the Transport Workers Union of America, CIO, Intervenor-Respondent.
Argued January 21, 1958;
decided April 3, 1958.
p. 868
Lester G. Knowing and Nathan Grossman for appellants.
Edward L. Cox, Jr., Daniel T. Beawnell and Helen R. Cassidy for respondent.
JohnF. O’Donnell for intervenor-respondent.

Judgment affirmed, with costs; no opinion.

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 private ownership and the presence in the contract of a clause permitting it to be cancelled by the Authority at any time.

Chief Judge Conway and Judges Desmond, Dye, Fuld and Bubke concur in decision; Judge Van Voobhis concurs in decision in memorandum in which Judge Fboessel also concurs.