Voting to Commit A Crime?
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I'm not an expert in either labor law or for that matter criminal law, but as I understand it:
1. It is a crime in New York State, under the so-called Taylor Law, for state or local government employees to strike.
2. New York Penal Code §105 provides:
Any experts have any thoughts?
POST SCRIPT: As for the workers themselves (as opposed to the union leaders), the penalty under the Taylor Law for illegally striking is to lose double your daily pay for each day you illegally miss work. To this day my father still curses the names of the PBA leaders who conned rank-and-file police officers like him into striking back in January 1971. "We never made up for that lost pay!" he often still bitterly laments.
1. It is a crime in New York State, under the so-called Taylor Law, for state or local government employees to strike.
2. New York Penal Code §105 provides:
A person is guilty of conspiracy in the sixth degree when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.So if the leaders of New York City's transit worker union knowingly vote to conduct an illegal strike, then how are they not guilty of criminal conspiracy, even if no strike actually takes place?
Any experts have any thoughts?
POST SCRIPT: As for the workers themselves (as opposed to the union leaders), the penalty under the Taylor Law for illegally striking is to lose double your daily pay for each day you illegally miss work. To this day my father still curses the names of the PBA leaders who conned rank-and-file police officers like him into striking back in January 1971. "We never made up for that lost pay!" he often still bitterly laments.
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Posted by Kip on
10 December 2005
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