# Police Benevolent Ass'n of the City of Yonkers, Inc. v. New York State Public Employment Relations Board

> New York Court of Appeals · October 7, 1980 · 51 N.Y.2d 779

URL: https://www.frixlaw.com/law-library/cases/5533404

## Case

- **Full name:** In the Matter of Police Benevolent Association of the City of Yonkers, Inc. v. New York State Public Employment Relations Board, and City of Yonkers
- **Court:** New York Court of Appeals
- **Decided:** October 7, 1980
- **Citations:** 51 N.Y.2d 779; 432 N.Y.S.2d 695; 412 N.E.2d 382; 1980 N.Y. LEXIS 2633
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5533404

## Opinion text

OPINION OF THE COURT
Memorandum.
The judgment of the Appellate Division should be reversed, with costs, and the determination of the Public Employment Relations Board reinstated.
While we do not agree with appellant’s contention that union complicity may be presumed upon a mere showing that a significant number of union members have engaged in a strike, we believe that the statements of union leaders herein, combined with the fact of the strike itself and the other evidence adduced at the hearing provide substantial evidence from which a rational fact finder could infer that respondent caused, instigated, encouraged or condoned a strike in violation of subdivision 1 of section 210 of the Civil Service Law. This being so, our inquiry is at an end, and the determination of the administrative agency must be upheld. (CPLR 7803, subd 4; see Matter of Purdy v Kreisberg, 47 NY2d 354, 355 ; Matter of Pell v Board of Educ., 34 NY2d 222 , 230-232.)
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.
Judgment reversed, etc.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5533404. Public record. Not legal advice.