Matter of Soc. Serv. v. Personnel Review Bd.

Full title: In the Matter of SOCIAL SERVICES EMPLOYEES UNION LOCAL 371, Appellant, v…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 13, 1990

168 A.D.2d 308 (N.Y. App. Div. 1990)

562 N.Y.S.2d 640

Opinion

December 13, 1990

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).

The "appeal" filed with respondent by petitioner seeking an order directing the New York City Health and Hospitals Corporation to cease and desist from assigning managerial and nonbargaining unit employees to perform duties which, according to petitioner, should be performed by civil service employees covered by petitioner's collective bargaining agreements, was properly dismissed. The claims raised are beyond the scope of respondent's power to review pursuant to McKinney's Unconsolidated Laws of N Y § 7390 (8) (b) (New York City Health and Hospitals Corporation Act § 9 [8] [b] [L 1969, ch 1016, § 1]).

Concur — Kupferman, J.P., Sullivan, Ross, Ellerin and Rubin, JJ.