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Subway Surface Supervisors Association v. New York City Transit Authority, 53

In an action brought by plaintiff-labor union against defendant-transit authority alleging that its Station Supervisor Level One members were being paid a lower base salary than their claimed counterparts, Station Supervisor Level Two, for the same type of work, the lower court's denial of defendant's motion to dismiss is reversed, where: 1) Civil Service law section 115 states a policy only and does not confer a private right of action; and 2) the equal protection claims must be dismissed, because plaintiff freely negotiated and executed the collective bargaining agreement that contained lower wage rates for plaintiff's members and, to the extent an equal protection claim can be raised, it must be asserted by the employees subjected to the alleged discriminatory conduct.

Appellate Information

  • Decided 04/08/2014
  • Published 04/08/2014

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  • Court of Appeals of New York

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