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NEW YORK CITY MANAGERIAL EMPLOYEE ASS'N v. DINKINS

No. 91 Civ. 2693 (CBM).

807 F.Supp. 955 (1992)

NEW YORK CITY MANAGERIAL EMPLOYEE ASSOCIATION, George Caulfield, William H. Dworkin, John L. Hendrickson, Charles D.W. Kirnon, Philip Levine, Frank Meyer, Anthony Punzi, Thomas Sweetman, Harold Yourman, James B. McNally, Ronald L. Savitt, Mitchel Saed, Blanche Barth and Fred Ewald, on Behalf of themselves and all others situated, Plaintiffs, v. David N. DINKINS, as Mayor of the City of New York, Elizabeth Holtzman, as Comptroller of the City of New York, the New York City Health and Hospitals Corporation, the New York City Transit Authority and the Board of Education of the City School District of the City of New York, Defendants.

United States District Court, S.D. New York.

April 16, 1992.

Attorney(s) appearing for the Case

Joan Stern Kiok, New York City by Joan Stern Kiok, for plaintiffs.

Wachtell, Lipton, Rosen & Katz, New York City by Norman Redlich, Ralph M. Levene, Jeffrey I. Lang, for defendants Mayor David N. Dinkins, Comptroller Elizabeth Holtzman, the New York City Health and Hospitals Corp. and the B. of Educ. of the City School Dist. of the City of New York.

New York City Transit Authority, Brooklyn by Albert C. Cosenza, Vice President and Gen. Counsel Kenneth Howard Schiffrin, for defendant New York City Transit Authority.

MEMORANDUM OPINION

MOTLEY, District Judge.

I. Background.

This case arises out of the issuance in October 1990 of a mayoral directive that (1) froze the salaries of New York City employees not subject to collective bargaining contracts ("Managers") who were earning salaries over $40,000 per year, and (2) cut by five percent the salaries of Managers earning over $70,000 per year (the "Mayoral Directive"). The salary freeze and pay cut were continued...

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