Long Island College Hospital v. New York State Labor Relations Board

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will.be amended by adding thereto the following: Upon the appeal herein, there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: whether the rights of the respondent-appellant under the Fifth and Fourteenth Amendments were denied. Respondent-appellant argued (1) that the Labor Board’s appropriate unit determination was without rational basis and constituted a denial of equal protection of the laws and (2) that the board’s refusal to allow the respondent-appellant to examine its confidential file developed as a part of its representation investigation — although the trial exam *896 iner had access to such file — constituted a denial of due process of law. The Court of Appeals considered these contentions and. held that there were no violations of respondent-appellant’s constitutional rights (see 32 N Y 2d 314).