Summary
Crossing Guard Union
Summary of this case from Johnson City Prof'l Firefighters Local 921 v. Vill. of Johnson CityOpinion
Argued May 4, 1976
Decided July 1, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALVIN R. RUSKIN, J.
Arthur H. Grae and James M. Rose for appellant.
Eugene J. Fox, Corporation Counsel (William N. Carroll of counsel), for City of Yonkers, respondent.
Louis J. Lefkowitz, Attorney-General (Shirley Adelson Siegel and Samuel A. Hirshowitz of counsel), for New York State Emergency Financial Control Board for City of Yonkers, respondent.
MEMORANDUM. Order of the Appellate Division affirmed, with costs.
Section (B) of article 9 of the collective agreement provides "Present members may be removed for cause but will not be removed as a result of Post elimination."
This clause is not a "job security" clause in the sense of those considered in Matter of Board of Educ. v Yonkers Federation of Teachers ( 40 N.Y.2d 268) and Matter of Burke v Bowen ( 40 N.Y.2d 264), decided herewith. In those cases, the job security clauses were explicit, unambiguous and comprehensive. In contrast, the instant clause is ambiguous and most likely was included to protect individual employees from manipulated termination of services due to the elimination of a particular post.
On this view, it is unnecessary, assuming it to be relevant, to reach the constitutional question of whether the employer's action impaired the obligation of the contract.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order affirmed.