ALBANY – The 2011 Court of Appeals ruling in L&M Bus v. New York City Department of Education, 17 NY3d 149, is front and center in a strike that began yesterday that idled buses for about 152,000 New York City students.
In L&M Bus, New York City’s Department of Education had asked private bus companies bidding to transport pre-kindergarten and early intervention students to honor “employee protection provisions” contained in city contracts. But a unanimous court found the job guarantee provisions were anti-competitive.
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