SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------JOSEPH ROGOFF as President of Local 371, American Federation of State, County and Municipal Employees AFL-CIO, Plaintiff, -against-ARVID ANDERSON, as Director of the Office of Collective Bargaining of The City of New York and THE CITY OF NEW YORK, Defendants ---------------------------------------LEVEY, J. (160 NYLJ (11/15/68 p. 15) “Plaintiff, as president of Local 371, American Federation of State, County and Municipal Employees, seeks a judgment declaring unconstitutional section 207 (3)(b) of the Civil Service Law of New York State (the “Taylor Law”), and Rule 2.17 (b) of the Consolidated Rules of the Office of Collective Bargaining of the City of New York, as well as a judgment directing the respondent, director of said board, to process plaintiff’s request for a collective bargaining certificate. The controversy arises out of the requirement of said statute and rule that, before a union may obtain a collective bargaining certificate, or be recognized as a collective bargaining agent, it file an affirmation that it does not assert the right of public employees to strike. Plaintiff does not argue that the prohibition against strikes by public employees contained in the statute is improper. Rather, it urges that the requirement of an affirmation is unconstitutional for it purports to preclude the union from arguing that public employees have, or should have, such right. In so far as the statute and rule affect and inhibit the right to lawfully advocate change (cf. Hosack v Smiley, 276 F. Supp. 676), they are an improper restriction on the right of free speech (Elfbrandt v. Russell, 384 U.S. 11; Scales v. U.S., 367 U.S. 203; NAACP v. Alabama, 357 U.S. 449), and are unconstitutional. The motion is granted and the cross-motion denied. Settle order.” 1
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - x JOSEPH ROGOFF, as President of Local 371, American Federation of State County and Municipal Employees, AFL-CIO, Plaintiff -against-ARVID ANDERSON, as Director of the Office of Collective Bargaining of The City of New York and THE CITY OF NEW YORK, Defendants. - - - - - - - - - - - - - - - - - - - x Levey, J. (161 NYLJ No. 70 4/10/69 p.2) Motion is granted to the extent that respondent is prohibited from requiring from petitioner an affirmation that it does not assert the right to strike against any government, to assist or participate in any such strike, or to impose an obligation to conduct, assist or participate in such a strike. Settle order. 2
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