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VAN-GO TRANSPORT CO. v. NEW YORK CITY BD. OF EDUC.

No. CIV A 95-CV-2660 (DGT).

53 F.Supp.2d 278 (1999)

VAN-GO TRANSPORT CO., INC., Sterling Coach Corp., Celebrity Transit Corp., Paul Dachs and C. Isaac Dachs, Plaintiffs, v. NEW YORK CITY BOARD OF EDUCATION, New York City, Kevin F. Gill, and Richard W. Scarpa, Defendants.

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

May 19, 1999.

Attorney(s) appearing for the Case

Robert J. Jossen, Swidler Berlin Shereff Friedman, LLP, New York City, for Plaintiffs.

Michael D. Hess, Corporation Counsel of the City of New York by Jonathan S. Becker & Susan M. Shapiro, New York City, for Defendants.

MEMORANDUM AND ORDER

TRAGER, District Judge.

At its core, this case is about the clash between an employer's right, under federal law, to replace striking workers, and a local governmental policy, adopted allegedly for public safety reasons, that would effectively nullify that right. The precise issue is whether the state action at issue, refusing to conditionally certify workers who would act as strike replacements, was pre-empted by federal labor...

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