[DOWNLOAD] "Matter Shaun Dowling Et Al. v. Richard J. Bowen" by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: Matter Shaun Dowling Et Al. v. Richard J. Bowen
• Author : Supreme Court of New York
• Release Date : January 06, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

[53 A.D.2d 862 Page 862] Petitioners, police officers employed by the City of Long Beach, were charged with having violated the prohibition against strikes by public employees contained in section 210 of the Civil Service Law. It was alleged that they had abstained from the proper performance of their duties without permission and had interfered with the orderly operation of essential services in the City of Long Beach. Specifically, they stopped city buses, sanitation trucks and sewer maintenance vehicles, detained them for long and time-consuming inspections, issued summonses and ordered drivers back to their garages. These were the first such summonses issued in the city's history. The violations involved conditions which did not impair the safe operation of the vehicles. Those conditions were determined by petitioners to exist as the result of their overly meticulous adherence to rules. In some instances, compliance with the rules had, through experience, been found to be impractical, and, in others, the rules were inapplicable to the vehicles involved. This conduct on the part of petitioners occurred over a three-day period and was commensurate with a campaign to induce the city to rescind an order which had demoted certain high ranking police officials for budgetary reasons. As a consequence of their efforts to secure job-related demands, petitioners had not performed their duties in the normal manner and had concomitantly abstained from the performance of other duties necessary to the effective functioning of the police. We agree with respondents and Special Term that petitioners thereby engaged in a strike within the meaning of the Taylor Law. Respondents did not act arbitrarily and capriciously in reaching their determination without a hearing since petitioners' affidavits did not refute the charges in such a manner as to raise a question of fact (see Civil Service Law, § 210, [53 A.D.2d 862 Page 863]

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