IN THE MATTER OF NEW YORK STATE EMPLOYMENT RELATIONS BD., RESPONDENT, v.
CHRIST THE KING REGIONAL HIGH SCHOOL., APPELLANT.
90 N.Y.2d 244, 682 N.E.2d 960, 660 N.Y.S.2d 359 (1997).
June 12, 1997
2 No. 104 (1997 NY Int. 106)
Decided June 12, 1997
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Roger S. Kaplan, for appellant.
Howard L. Zwickel, for respondent.
BELLACOSA, J.:
The New York State Employment Relations Board commenced this
proceeding under Labor Law §707 to enforce its order against appellant
Christ the King Regional High School. That order directed the School
to bargain in good faith with the Lay Faculty Association (the Union)
and to reinstate certain teachers.
Supreme Court granted the Board's petition and denied the School's
motion to dismiss, and the Appellate Division affirmed (217 AD2d 701).
The School appeals as of right on a claimed substantial constitutional
issue (see, CPLR 5601(b)(1)). On First Amendment grounds, under the
Free Exercise and Establishment Clauses of the United States
Constitution, appellant seeks an absolute, threshold exemption from
the operation of the New York State Labor Relations Act (see, Labor
Law §700 et seq.). Appellant believes that the State Act should not
apply to labor relations between it and the Union.
I.
The School is a Roman Catholic secondary school located in Queens
County, New York City. Prior to 1976, it had been operated by the
Roman Catholic Diocese of Brooklyn. In 1976, however, the Diocese
conveyed responsibility and title appellant, contingent upon the
School continuing as a Roman Catholic High School. The School employs
lay and religiously affiliated faculty, and teaches both secular and
religious subjects.
Also in 1976, the Union began representing the lay faculty at the
School. During the Spring and Summer of 1981, the School
administration and the Union met repeatedly to try to negotiate the
SNIPPETS:
This opinion is uncorrected and subject to revision before publication in the New York
Roger S. Kaplan, for appellant.
The New York State Employment Relations Board commenced this proceeding under Labor Law §707
That order directed the School to bargain in good faith with the Lay Faculty Association (the
Supreme Court granted the Board's petition and denied the School's motion to dismiss, and the
under the Free Exercise and Establishment Clauses of the United States
Constitution, appellant seeks an absolute, threshold exemption from the operation of the New
In 1976, however, the Diocese conveyed responsibility and title appellant, contingent upon
During the Spring and Summer of 1981, the School administration and the Union met repeatedly
The Board charged the School with refusing to bargain in good faith, and improperly
The School first challenged the Board in Federal court, asserting that the State Board's
The District Court dismissed the School's complaint, rejecting both claims (Christ the King
The ALJ recommended additional relief involving reinstatement of teachers and associated
Applying the Smith standard to the instant matter, we are satisfied that the State Labor
The general applicability of New York State's Act does not automatically and pre-emptively
Dept. of Human Resources v Smith, supra, 494 US, at 881-882).
The court began by noting that "he Supreme Court has made it clear, when discussing the
Applying the United States Supreme Court's test for ascertaining Establishment Clause
"he Board may -- consistent with the First Amendment --protect teachers from unlawful
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