Friday, August 3, 2012

Mayor Bloomberg Advocating Violating the NY Taylor Law?

New-yorkHarris Freeman (Western New England School of Law) has this somewhat strange tidbit to share with us:

From the New York Magazine, 7-24-12: "Mayor Bloomberg Flirts with Violating the Taylor Law.":  

In the wake of the Aurora mass shooting, the New York magazine quotes Bloomberg as saying he does not understand why police across the U.S. do not stand up and collectively say 'We're going to go on strike' to highlight the safety issues for police posed by lax gun laws.   New York's Taylor Law plainly states that "no public employee or public employee organization shall cause, instigate, encourage, or condone a strike." 

I agree with Harris that it is hard to imagine a public sector union leader not getting into trouble for advocating this same thing. 

The linked article includes an interesting discussion of whether Bloomberg may not have violated the Taylor Law because he is an employer (who cannot "authorize, approve, condone or consent" to a strike) and not an employee.

Discuss among yourselves.


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It's an amusing thought, but having read a lot of the "encouraging or condoning a strike" cases from across the country (NY is not the only state with such language in its public-sector labor law statute), I can't recall any that didn't involve a union official (or at least member) speaking, and facts such that an illegal strike was actually realistic. See, e.g., Commonwealth Employment Relations Bd. v. Boston Teachers Union, Local 66, AFT, 908 N.E.2d 772 (Mass.App. 2009).

It's equally odd that Bloomberg doesn't seem to know that police strikes are illegal everywhere in the U.S.

Posted by: Joseph Slater | Aug 4, 2012 8:32:39 AM

I think that this comment merely reaffirms that Mayor Bloomberg is a horse's a**.

Posted by: James Young | Aug 6, 2012 2:32:44 PM

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