Archived Decision Summaries - January 1, 2000 through December 31, 2000

(Updated December 31, 2002)


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Decision Summaries Of The Board


Board Certifications

SAANYS/ELMIRA HEIGHTS ADMINISTRATIVE COUNCIL has been certified to represent employees of the Elmira Heights Central School District in the titles of High School Principal, Middle School Principal, Elementary School Principal and Director of Instructional Support. All other employees were excluded. (C-5023, 12/8/00)

UAW LOCAL 1097 has been certified to represent all regular full-time and part-time employees of the Elementary Science Program of the Monroe 2-Orleans BOCES. Excluded from the unit are all supervisory, managerial and office clerical employees of the Elementary Science Program. (C-5026, 12/8/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, has been certified to represent employees of the Town of Lloyd in the titles of HMEO, Laborer, Mechanic, Foreman, Highway Secretary, Transfer Station Attendant, Working Supervisor, Motor Equipment Operator (MEO), Senior Plant Operator, Plant Operator, Water/Sewer Maintenance, Water/Sewer Foreman, Water/Sewer Asst. Foreman, Senior Accountant, Clerk/Typist, Water/Sewer Superintendent, Typist/Planning/ZBA, Typist, Building Dept. Secretary, TH Custodian P/T, P/T Building Inspector, P/T Zoning Inspector, and Court Clerk. All other Town employees were excluded from the unit. (C-5011, 11/16/00)

SENECA FALLS SUPPORT STAFF ASSOCIATION has been certified to represent all Seneca Falls Central School District support staff personnel hereafter listed: Assistant Cook, Cook Manager, Food Service Helper, Senior Food Service Helper, Baker, School Lunch Cashier, Cafeteria Monitors, Audio Visual Aide, Typist, Head Building Maintenance Mechanic, Senior Stenographer (12 mos.) at Bldg. Level, Mechanic, Bus Dispatcher, Stenographer (11 mos.), Stenographer (12 mos.), Building Maintenance Mechanic, Senior Custodian, Custodian, Head Automotive Mechanic, Automotive Mechanic, Bus Driver, Cafeteria Aide, Teacher Aide, Bus Monitor, Mechanic-Bus Driver, Senior Typist, Library Aide, Groundskeeper, Food Transporter, Child Associate, Data Entry Machine Operator, General Mechanic/Automotive. Excluded from the unit are employees in the titles of Head Custodian, Business Manager, Superintendent of Buildings and Grounds, Building Maintenance Supervisor, Cafeteria Supervisor, Transportation Supervisor, and District Office Personnel. District Office Personnel to include Secretary to Superintendent, District Treasurer, and no more than two (2) other full-time equivalent positions. (C-4954, 10/24/00)

UNITED FEDERATION OF POLICE OFFICERS has been certified to represent employees of the County of Rockland in the titles of Investigative Aide I (Narcotics), Investigative Aide II (Narcotics) and Investigative Aide III (Narcotics). All other employees were excluded. (C-4780, 10/6/00)

TEAMSTERS LOCAL 264 has been certified to represent all full-time and regular part-time police officers employed by the Town of Lewistown. Excluded from the unit are the police chief, corporals, sergeants, clerical, administrative staff, officers assigned to the court, and all non-sworn officers. (C-4995, 10/6/00)

MARLBOROUGH TOWN POLICE BENEVOLENT ASSOCIATION has been certified to represent all part-time BMP certified police officers employed by the Town of Marlborough. All other employees were excluded. (C-5001, 10/6/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO has been certified to represent all part-time permanent (as defined by New York State Civil Service Law) and all full-time or part-time seasonal positions (as defined by New York State Civil Service Law) employed by Livingston County in the job titles set forth below within the County's Skilled Nursing Facilities, Office for the Aging, Public Health Department, Department of Social Services, Records Management Department, County Historian's Office, Office of Central Services, Highway Department and Conesus Lake Sewer District.

Permanent Positions (Livingston County Civil Service Title):

Clerk/Typist, Clerk, Typist, Account Clerk, Account Clerk/Typist, Licensed Practical Nurse, Registered Professional Nurse, Nursing Assistant, Pharmacist, Charge Nurse, Personal Care Assistant, Activities Aide, Laundry Worker, Cleaner, Housekeeper, Building Maintenance Person, Courier, Senior Nutrition Program Site Manager, Aging Services Caseworker, Foster Grandparent Assistant, Food Service Helper, Ombudsman Coordinator, Home Health Aide, Senior Public Health Engineer, Case Worker, Registered Physician's Assistant, Public Health Educator, Hospice Volunteer Coordinator, Public Health Social Worker, Nutrition Aide, Clinical Aide, Public Health Technician, Deputy County Historian, Records Inventory Clerk, and Custodial Worker.

Seasonal:

Motor Equipment Operator I, Laborer, Home Energy Assistance Program Examiner, and Summer Camp Worker.

Excluded from the unit were positions within the bargaining unit represented by the New York State Nurses Association, positions within the existing Civil Service Employees Association, Livingston County Local 826 Unit, temporary employees as defined by the New York State Civil Service Law and substitute employees, as defined below.

Substitute employees are all employees who are hired to perform work during the absences of other employees, so long as the period of substitution does not exceed 300 hours in a calendar year; provided that no employees in the nursing departments of the Skilled Nursing Facilities shall be considered to be substitute employees. (C-5005, 10/6/00)

TEAMSTERS LOCAL 693 has been certified to represent all full-time MEOs employed by the Town of McDonough. Excluded from the unit are supervisors and all other employees. (C-5008, 10/6/00)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent regularly scheduled full-time and part-time Group Leader and Assistant Leader employed by the South Huntington Union Free School District and working in the South Huntington Childcare Program. All other employees were excluded. (C-5010, 10/6/00)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all full-time and part-time custodial, grounds and maintenance employees of the East Quogue School District. Excluded from the unit were the maintenance crew leader, assistant plant facilities manager, plant facilities manager and all other employees. (C-4983, 8/7/00)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL #264 has been certified to represent all regular full-time and regular part-time Water Department employees of the Town of Lewiston. All other employees were excluded. (C-4991, 8/7/00)

LOCAL 200-D, SEIU, AFL-CIO has been certified to represent all full-time and part-time paramedics employed by the Town of Colonie who have worked on average at least 24 hours per month over the past 6 months. All other employees were excluded. (C-5006, 8/7/00)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all employees of the County of Columbia except seasonal employees, elected and appointed officials, heads of departments, deputy department heads, all confidential secretaries, all attorneys and the titles set forth in the attached Appendix A, as well as employees of the Sheriff's Department. (C-4928, 6/21/00)

ROCHESTER ASSOCIATION OF PARAPROFESSIONALS has been certified to represent all paraprofessionals employed by the Rochester City School District included in the unit determination dated May 9, 1969. All other employees were excluded. (C-4957, 6/21/00)

ULSTER COUNTY COMMUNITY COLLEGE FACULTY ASSOCIATION has been certified to represent all full-time and adjunct/part-time faculty at the Ulster County Community College. All other employees were excluded. (C-4973, 6/21/00)

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 200B has been certified to represent all School Monitors employed by the Central Square Central School District. Excluded from the unit were Substitute School Monitors and all other employees. (C-4977, 6/21/00)

SCHOOL ADMINISTRATORS ASSOCIATION OF NEW YORK STATE/GERMANTOWN ADMINISTRATORS ASSOCIATION has been certified to represent the titles of Director of Guidance, High School Principal and Elementary Principal in the Germantown Central School District. All other employees were excluded. (C-4978, 6/21/00)

BINGHAMTON TEACHERS' ASSOCIATION - TEACHING ASSISTANT UNIT, NEA/NY has been certified to represent Licensed Teaching Assistants employed by the Binghamton City School District. All other employees were excluded. (C-4982, 6/21/00)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent employees of the City of Amsterdam in the titles of Chief Wastewater Treatment Plant Operator, Chief Water Treatment Plant Operator, City Engineer, Director of Community and Economic Development, and Transportation Supervisor. Excluded from the unit are the Recreation Director and all other employees. (C-4918, 5/1/00)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all Building and Grounds classified custodial personnel (non-supervisory custodial personnel, full-time and steady part time) of the Sewanhaka Central Elmont, Floral Park, Franklin Square and New Hyde Park Central High School Districts. All other employees were excluded. (C-4944, 5/1/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO has been certified to represent all full-time (i.e. more than 20 hours per week of regularly scheduled work on a year-round basis) employees of the Incorporated Village of Ocean Beach in the following civil service titles: Administrative Assistant, Labor Crew Leader, Maintenance Mechanic II, Laborer, Water Meter Reader, Archivist, Second Deputy Clerk, Carpenter. All other employees were excluded. (C-4967, 5/1/00)

TEAMSTERS LOCAL #264 INTERNATIONAL BROTHERHOOD OF TEAMSTERS has been certified to represent all full-time and regular part-time Department of Public Works employees of the Village of Allegany. All other employees were excluded. (C-4979, 5/1/00)

TEAMSTERS LOCAL 317, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO AND VILLAGE OF BELMONT has been certified to represent all regular full-time and regular part-time Streets, Water and Sewer Department employees of the Village of Belmont, including Heavy Motor Equipment Operators, Motor Equipment Operators, Working Foremen and Chief of Operations and Laborers. Excluded from the unit are Clerical, Elected Officials, Police and Firefighters. (C-4859, 3/31/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO has been certified to represent all Peru Central School District employees of the transportation staff, clerical staff, food service staff, teacher aide staff, monitor staff, maintenance staff and custodial staff. Excluded from the unit are substitute employees in any category listed above, District office personnel, head automotive mechanic, head bus driver, school lunch manager, federally funded teacher aides, teachers assistants, superintendent of buildings and grounds. (C-4945, 3/31/00)

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 200B has been certified to represent all substitute bus drivers employed by the Central Square Central School District who work a minimum of 150 hours per school year. All other employees are excluded. (C-4966, 3/31/00)

LOCAL 342, UNITED MARINE DIVISION, ILA, AFL-CIO has been certified to represent employees of the Board of Cooperative Educational Services, County of Nassau, in the Department of Career Education employed as Adult Educators who work less than twenty (20), and a minimum of three (3) hours or more, of pupil contact hours per week. All other employees were excluded. (C-4925, 1/24/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO has been certified to represent all employees of the Weedsport Central School District who are regularly employed full and part-time bus drivers, teacher aides, custodians, building maintenance helpers and bus mechanics. All other employees, including substitute and casual employees in the included titles above, and all administrators, head of transportation, head custodian, district office clericals, secretaries to school principals and nurses, were excluded. (C-4936, 1/24/00)

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Representation

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME AND RYE CITY SCHOOL DISTRICT. The Board reversed the decision of the ALJ which found that the newly created position of computer aide was included in a unit of teacher aides, teacher assistants, academic intervention intern and academic intervention intern coordinator represented by CSEA, because the computer aides had replaced the former teacher assistants assigned computer room duties. The Board found that the title of computer aide was not specifically included in CSEA's bargaining unit and was not referenced in the CSEA-District contract. The Board found that the fact the computer aides replaced the teacher assistants assigned to the computer labs was not dispositive of the unit clarification portion of the petition. The Board, therefore, reached the unit placement aspect of the petition and found that the computer aides shared a community of interest with the school nurse and secretarial/clerical unit represented by the Rye Teachers' Association. As placement of the computer aide title in the Association's unit also met the administrative convenience component of the Act's uniting criteria, the title was placed in the Association's unit and CSEA's petition was dismissed. (CP-632, 11/16/00)

LOCAL 342, UNITED MARINE DIVISION, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO AND TOWN OF HUNTINGTON AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. The Board affirmed the decision of the ALJ which dismissed Local 342's petition for unit clarification/unit placement of the newly created position of Town Park Supervisor I. As the title was not included in Local 342's broadly worded recognition clause, the unit clarification aspect of the petition was dismissed by the Board. The unit placement aspect of the petition was also dismissed upon the Board's finding that the work performed by the Town Park Supervisor I shared more of a community of interest with the white-collar supervisors in CSEA's unit than with the blue-collar supervisors in the unit represented by Local 342. As the Town's administrative convenience was better served by placement of the title in Local 342's unit, the Board concluded that the Town Park Supervisor I was most appropriately placed in Local 342's unit. (CP-639, 10/24/00)

ICHABOD CRANE REGISTERED NURSES ASSOCIATION AND ICHABOD CRANE CENTRAL SCHOOL DISTRICT AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ICHABOD CRANE CENTRAL SCHOOL DISTRICT CSEA UNIT. The Board reversed the ALJ and granted the petition of the Association to fragment school nurses from the noninstructional unit of District employees represented by CSEA. In finding that a separate unit of nurses was, in this case, the most appropriate unit, the Board looked to its early uniting decisions where it had been consistently held that separate units of nurses were most appropriate. The Board, therefore, overruled previous decisions in fragmentation cases which relied upon the standard that nurses would not be removed from existing units absent a compelling need to do so. Utilizing the rationale of County of Erie, where deputy sheriffs-road patrol were fragmented from a unit of all deputy sheriffs, the Board found that nurses also form a cohesive group sharing a community of interest based upon their professional interests which are substantially different from the interests of other, nonprofessional employees. The Board determined that, whether in the context of initial uniting or fragmentation of existing units, the initial uniting standard would be utilized and that nurses would not be placed in or continued in units of nonprofessional employees. (C-4880, 10/6/00)

RYE PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 2029, IAFF, AFL-CIO AND CITY OF RYE. The Board affirmed the decision of the ALJ dismissing the Association's unit placement petition which sought to place the title of Fire Lieutenant/Inspector in its unit of fire fighters employed by the City. The Board determined that the nature and degree of the supervisory responsibilities of the Fire Lieutenant/Inspector indicated a potential conflict of interest with members of the bargaining unit, which precluded the placement. (CP-610, 8/7/00)

HAMMONDSPORT NON-TEACHING PERSONNEL ORGANIZATION AND HAMMONDSPORT CENTRAL SCHOOL DISTRICT. The Board affirmed the ALJ's decision that the positions of teacher aide, typist/account clerk, and nurse be added to the unit of District noninstructional employees represented by the Organization. The positions sought to be added were not in excess of thirty per cent of the existing unit, therefore, the unit placement petition was appropriate. However, the Board reversed the ALJ's determination that a substitute cleaner who had been employed by the District for several years was a member of the bargaining unit for purposes of calculating the number of employees in the bargaining unit because he had not worked ninety or more consecutive days in any school year, as required by the recognition clause in the Organization-District collective bargaining agreement. (CP-628, 8/7/00)

SENECA FALLS SUPPORT STAFF ASSOCIATION AND SENECA FALLS CENTRAL SCHOOL DISTRICT AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. The Board affirmed the ALJ and held that the Association was an employee organization and not a shell organization for another employee organization. The matter was remanded to the ALJ for further processing. (C-4954, 6/21/00)

UNITED FEDERATION OF POLICE OFFICERS, INC. AND TOWN OF SHANDAKEN. The Board dismissed a petition filed by the Federation to represent a unit of police of officers of the Town based on the results of an election in which the Federation did not receive a majority of the valid votes cast. (C-4970, 6/21/00)

PUTNAM COUNTY SHERIFF'S OFFICE MANAGERS ASSOCIATION AND COUNTY OF PUTNAM AND SHERIFF OF THE COUNTY OF PUTNAM. The Board dismissed a petition filed by the Association to represent a unit of certain employees of the County and the Sheriff based on the results of an election in which the Association did not receive a majority of the valid votes cast. (C-4609, 6/21/00)

ADMINISTRATORS ASSOCIATION OF ERIE COMMUNITY COLLEGE, LOCAL 3300, UAW, REGION 9 AND COUNTY OF ERIE AND ERIE COMMUNITY COLLEGE. The Board dismissed a unit placement petition filed by the Association which sought to place the title of Academic Dean in its unit of College administrators. The Academic Deans were sufficiently engaged in policy-making on behalf of the College to preclude their placement in the Association's unit. The Board, finding that the Academic Deans met the criteria for managerial employees who formulate policy, rejected the Association's community of interest argument based upon the other factors to be considered in a unit placement petition. (CP-549, 5/1/00)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 832S, AFL-CIO AND TOWN OF COHOCTON. The Board dismissed a representation petition filed by the International Union of Operating Engineers, Local 832S, AFL-CIO seeking to represent a unit of full-time employees of the Town of Cohocton Highway Department pursuant to a secret ballot election in which the majority of the ballots cast by eligible employees was against representation. (C-4930, 3/31/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, LOCAL 1000, AFSCME, AFL-CIO AND ISLIP PUBLIC LIBRARY. The Board dismissed a representation petition filed by the Civil Service Employees Association, Local 1000, AFSCME, AFL-CIO seeking to represent a two units of employees of the Islip Public Library. In secret ballot elections in the unit consisting of the librarian, librarian trainees and in the unit including the custodial worker, monitor, housekeeper, library clerk, library clerk/typist, page and clerk/typist, a majority of the ballots cast by eligible employees was against representation. (C-4946, 3/31/00)

MARCUS WHITMAN CUSTODIAL, MAINTENANCE AND FOOD SERVICE EMPLOYEES ASSOCIATION AND MARCUS WHITMAN CENTRAL SCHOOL DISTRICT. The Board granted the unit placement petition filed by the Association seeking the placement of the building maintenance supervisor and the custodial supervisor into the unit it represents of rank-and-file and supervisory employees of the District. In placing the two newly created titles in the Association's unit, the Board noted that the newly created titles performed work similar to both the supervisory and rank-and-file employees in the unit, so any presumption that there would be a conflict of interest between representational interests of the unit and the supervisory duties of the new titles was overcome. (CP-586, 3/31/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND COUNTY OF MONTGOMERY. The Board affirmed the decision of the ALJ granting the unit placement petition filed by CSEA and placing certain part-time employees into a unit of full-time County employees. Reiterating that the standard for establishing coverage under the Act is the regularity and continuity of the employment relationship, the Board found that the part-time employees were not “casual” employees and were, therefore, covered employees. (CP-462, 2/29/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND MONROE-WOODBURY CENTRAL SCHOOL DISTRICT. The Board reversed the decision of the ALJ dismissing the unit clarification/unit placement petition filed by CSEA seeking a determination that the title of substitute bus driver was or should be included in its unit of custodial, maintenance and transportation personnel of the District. The Board reviewed the language of the contractual recognition, clause which included all custodial, maintenance and transportation personnel, and other contractual language, which included substitute bus drivers in the definition of personnel. The Board held that, in a unit clarification case where the at-issue title is clearly included in the recognition clause, the contract should be the end of the inquiry. The Board declined to look at the parties’ practice with respect to the title, finding that when the unit is clearly defined in the collective bargaining agreement, the parties may revert to the language of the agreement as defining the unit, notwithstanding a past practice to the contrary. (CP-574, 2/29/00)

TOWN OF CRAWFORD POLICE BENEVOLENT ASSOCIATION AND TOWN OF CRAWFORD. The Board affirmed the ALJ’s decision dismissing the Association’s unit placement petition, seeking to add the title of sergeant to its unit of full-time and part-time police officers employed by the Town. The sergeant’s responsibilities included shift supervision, handling major occurrences, approving overtime, evaluating rank-and-file employees and reviewing reports. The Board found that these supervisory responsibilities formed a sufficient basis for excluding the sergeant from the unit. That the sergeant would remain unrepresented because the Board does not certify a unit of one employee was found by the Board to be an insufficient basis to place the sergeant in the rank-and-file unit. (CP-606, 2/29/00)

PUTNAM COUNTY SHERIFF’S OFFICE MANAGERS ASSOCIATION AND COUNTY OF PUTNAM AND SHERIFF OF THE COUNTY OF PUTNAM. The Board reversed the decision of the Director of Public Employment Practices and Representation and held that the elected County Sheriff is a joint employer with the County of employees in the Sheriff’s Department. The Board held that an elected sheriff is the chief executive officer of the sheriff’s department who wields executive power over significant non-economic terms and conditions of employment and, as such, must participate in collective bargaining as a joint employer with the County. The Board affirmed the Director’s uniting determination that the at-issue employees were not managerial, but were high level supervisors and were entitled to representation in a separate unit of Sheriff’s Department employees. The matter was remanded to the Director for further processing. (C-4609, 1/24/00)

OWEGO-APALACHIN ADMINISTRATORS’ AND SUPERVISORS’ ASSOCIATION AND OWEGO-APALACHIN CENTRAL SCHOOL DISTRICT. The Board affirmed the decision of the Administrative Law Judge determining that the position of Administrative Assistant was not appropriately placed in the unit represented by the Association. Finding that the Administrative Assistant had already had some involvement in collective negotiations and could reasonably be expected to conduct collective negotiations for the District in the future, the Board determined that the position had managerial responsibilities which excluded it from placement in any bargaining unit. (CP-580, 1/24/00)

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Management / Confidential

NORTH ROSE-WOLCOTT CENTRAL SCHOOL DISTRICT. The Board affirmed the decision of the Administrative Law Judge dismissing the District’s application to designate as confidential a clerk/typist in the office of the District’s Business Executive. Reiterating the two-prong test to be applied in determining whether an employee should be designated as confidential, the Board found that the clerk/typist was neither privy to labor relations information not intended for the eyes and ears of unit members or their representatives, nor did she function in a confidential capacity to the Business Executive, and was not, therefore, a confidential employee within the meaning of the Act. (E-2134, 1/24/00)

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Improper Practices

CITY OF NIAGARA FALLS AND NIAGARA FALLS POLICE CAPTAINS AND LIEUTENANTS ASSOCIATION. The Board issued an amended decision and order, correcting a reference in its November 16, 2000 decision to a demand for certain pension benefits pursuant to §443(f-1) of the NY Retirement and Social Security Law (RSSL) as nonmandatory. The Board's decision was corrected to clarify that while the statute prohibits the subject matter of RSSL §443(f-1) from consideration by an interest arbitration panel, the subject matter is, nonetheless, mandatory, as was found by the ALJ. (U-21688, 12/8/00)

GREENBURGH NO. 11 FEDERATION OF TEACHERS AND GREENBURGH NO. 11 UNION FREE SCHOOL DISTRICT. The Board affirmed the decision of the ALJ, finding that the District violated §§209-a.1(a) and (d) of the Act when it failed to respond to the Federation's requests to provide information necessary for the processing of grievances at arbitration. The Board found the charge to be timely filed as each demand for information and each failure to respond constituted a separate violation. The Board employed a reasonableness standard, deciding that it was reasonable for the Federation to wait until the adjourned date of the arbitration to ascertain whether the information would be provided by the District. On the merits, the Board found that the processing of grievances was a fundamental right protected by the Act and that the employer's obligation to provide requested information necessary for the processing of grievances extended through arbitration. (U-20725, 12/8/00)

HERBERT L. LEVY AND PUBLIC EMPLOYEES FEDERATION. The Board affirmed the decision of the Director of Public Employment Practices and Representation, dismissing the improper practice charge filed by Levy, which alleged that PEF had violated the Act by refusing to represent him in a proceeding to vacate an arbitrator's award. The Board held that Levy's claim that PEF had been careless, inept and ineffective in the manner in which it handled his complaints, even if proven, did not rise to the level of a breach of the duty of fair representation. (U-21900, 12/8/00)

MARTIN FREEDMAN AND UNITED FEDERATION OF TEACHERS AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Board affirmed the decision of the Director of Public Employment Practices and Representation dismissing Freedman's improper practice charge alleging that the UFT violated the Act by not responding to his request to initiate a grievance against the Board of Education. The Board found that Freedman's request, made after the contractual time limits for filing a grievance had elapsed, was moot. Therefore, the Board found, UFT's failure to respond to the request within two and one-half weeks was not violative of the Act. (U-21940, 12/8/00)

MARVIN V. SANFORD, RICHARD D. WOODS, JOHNNIE A. FRITZ, JR., TOMAR HUBBARD, BRADFORD PITTS AND ROBERT W. YEATES AND BUFFALO POLICE BENEVOLENT ASSOCIATION AND CITY OF BUFFALO. The Board affirmed the ALJ's decision finding that the Buffalo Police Benevolent Association had violated §209-a.2(c) of the Act when it disseminated false and misleading information regarding the status of grievances and improper practice charges to the charging parties. The Board further found that the PBA violated the Act when it intervened in an Article 78 proceeding that the charging parties had commenced against the City, arguing against the timeliness of the proceeding and against the merits of the charging parties' case. While reiterating that a public employee organization does not have the obligation to represent unit members in court proceedings and that an employee organization may take a position on an issue that benefits some unit employees to the detriment of other unit employees, as long as it is not discriminatory, the Board found that the PBA's actions in the Article 78 proceeding violated the duty of fair representation. The PBA had supported the charging parties' individual grievances and the class action grievances it had filed on behalf of all employees and had reassured the charging parties that it was doing everything it could on their behalf. The Board found that the PBA was arbitrary in arguing against the merits of those grievances to the court in the Article 78 proceeding. The PBA was ordered to disseminate accurate information to unit members about the status of pending grievances and improper practice charges, to reimburse the charging parties for reasonable legal fees and costs in bringing the Article 78 proceeding and to retain and bear the cost of outside legal counsel to represent the charging parties in both their individual grievances and the class action grievances. (U-20907, U-20987, U-21001, U-21005, U-21006 & U-21010, 12/8/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ULSTER COUNTY LOCAL 856, TOWN OF SHAWANGUNK UNIT AND TOWN OF SHAWANGUNK. The Board affirmed the decision of the ALJ dismissing CSEA's improper practice charge which alleged that the Town had violated the Act by unilaterally changing a past practice of paying 100% of the health insurance premiums for unit members after their retirement. The Board found that CSEA had failed to establish an unequivocal practice that had been in existence for a significant period of time and that the employees could reasonably expect to continue without change. That two employees, whose titles were not included in the unit, had retired with 100% health insurance coverage by the Town several years before CSEA had become the bargaining agent was found by the Board to be insufficient to establish a past practice. (U-19740, 11/16/00)

PATRICK MICHAEL FLYNN AND WILLIAM FLOYD UNITED TEACHERS, LOCAL 1568 AND WILLIAM FLOYD UNION FREE SCHOOL DISTRICT. The Board affirmed the decision of the ALJ dismissing Flynn's improper practice charge which alleged that the WFUT denied his request that it file a grievance on his behalf and appeal to arbitration the grievance he thereafter filed. The Board found that the WFUT had given consideration to Flynn's request, had investigated his grievance, had met with him on several occasions to discuss the grievance and had explained to him its position with respect to pursuing his claim. There was, thus, no evidence in the record of arbitrary, discriminatory or bad faith conduct on the part of the WFUT to support a finding that it had violated the duty of fair representation. (U-20783, 11/16/00)

CHARLES ASAMOAH AND TRANSPORT WORKERS UNION, LOCAL 100 AND NEW YORK CITY TRANSIT AUTHORITY. The Board affirmed the decision of the ALJ dismissing Asamoah's improper practice charge which alleged that the TWU had violated the Act when it placed him at the bottom of a seniority list for work assignments and job location picks after he had participated in a training program which removed him from the unit. Finding that Asamoah had failed to establish that he was singled out for disparate treatment or that the TWU had acted in bad faith with respect to Asamoah's seniority, the Board dismissed Asamoah's charge that the TWU had violated its duty of fair representation. (U-20785, 11/16/00)

WESTCHESTER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION, INC., AND COUNTY OF WESTCHESTER AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). The Board affirmed the decision of the ALJ dismissing COBA's improper practice charge which alleged that the County had violated the Act when it unilaterally subcontracted the exclusive bargaining unit work of guarding inmate-patients housed in the Westchester Medical Center to employees of the New York State Department of Corrections (DOCS). The Board found that to the extent it could be said that the County corrections officers represented by COBA had previously guarded inmate-patients of DOCS when they were housed at the Medical Center, the Medical Center was no longer under the control of the County, but was operated by the Westchester County Health Care Corporation. Concluding that the unit work had been the guarding of DOC's inmate-patients while housed in a County-owned and operated facility, the Board dismissed the charge. (U-21137, 11/16/00)

CITY OF NIAGARA FALLS AND NIAGARA FALLS POLICE CAPTAINS AND LIEUTENANTS ASSOCIATION. The Board affirmed the decision of the ALJ finding that the Association violated the Act when it submitted two demands to compulsory interest arbitration. The Board found that the Association's demand that a procedure be used to fill vacancies from the three most senior officers was nonmandatory because it incorporated nonmandatory subjects, e.g., qualifications and appointment timing. The Board found that the Association's demand for an additional pension benefit as provided by §§302(9)(d) and 443(f) and (f-1) of the New York State Retirement and Social Security Law, while negotiable, was not a proper subject under the statute to submit to compulsory interest arbitration. The Association was ordered to withdraw both demands from arbitration. (U-21688, 11/16/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, HOLBROOK FIRE DISTRICT UNIT AND HOLBROOK FIRE DISTRICT. The Appellate Division, Third Department, remitted the matter to the Board for a decision that was not based solely on the findings of a CSL §75 hearing officer. The Board reversed the ALJ's decision that the District had brought disciplinary charges seeking the termination of a fire dispatcher because of the exercise of rights protected by the Act. The Board found that while the employee had been active in attempts to obtain representation by CSEA, he had also engaged in acts of misconduct and there was no evidence that he had been treated disparately by the District. The record did not establish that the District would not have disciplined the employee "but for" his protected activity. The Board, therefore, dismissed the charge. (U-18646, 10/24/00)

CITY OF WHITE PLAINS AND POLICE BENEVOLENT ASSOCIATION OF THE CITY OF WHITE PLAINS, INC. The Board affirmed the decision of the Assistant Director of Public Employment Practices and Representation finding that a demand submitted by the PBA to add new language to the contractual grievance procedure was nonmandatory because it involved procedures to be followed in the event of an internal criminal or administrative investigation. The other parts of the demand were also found to be nonmandatory because the demand was a unitary one and contained a mixture of mandatory and nonmandatory language. The Board also found nonmandatory a PBA demand that had the effect of giving unit employees the unfettered right to work overtime without regard for existing staffing needs because it is a managerial prerogative to set and change minimum staffing levels. The Board found that a demand submitted by the City to interest arbitration was nonmandatory because the demand sought to alter a statutory right that may affect a term and condition of employment. The demand sought to waive the protections of CSL §58(4)(c) and provided that a police officer temporarily assigned as a detective, whose appointment exceeds eighteen months, would not be appointed as a detective and receive the compensation normally paid to a detective. The demands found to be nonmandatory were ordered to be withdrawn from compulsory interest arbitration. (U-21488 & U-21525, 10/24/00)

ROSEANNE LEGRAND AND JEANNETTA WALSH AND CYNTHIA DICKSTEIN AND COUNCIL OF SUPERVISORS AND ADMINISTRATORS OF THE CITY OF NEW YORK, LOCAL 1, AFL-CIO. The Board affirmed the decision of the Director of Public Employment Practices and Representation dismissing all three charges which alleged that CSA had violated the Act by failing to implement a side-letter agreement reached during collective negotiations with the Board of Education of the City School District of the City of New York. Pursuant to his initial review, the Director found that the charges were deficient because the charging parties had failed to make a prima facie showing of arbitrary, discriminatory or bad faith conduct by CSA, where CSA had advised the charging parties that the guidelines for the implementation of the terms of the side-letter were still "in the works". (U-21730, U-21732 & U-21733, 10/24/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND STATE OF NEW YORK - UNIFIED COURT SYSTEM. The Board affirmed the ALJ's finding that UCS violated §209-a.1(d) of the Act when it unilaterally issued an administrative order changing the rates of payment for transcripts furnished to private litigants by court reporters, set a time limit for the production of expedited copy and mandated written agreements between the court reporters and private parties to be on a form prescribed by UCS. The Board found the subject matter of the charge dealt with terms and conditions of employment and, thus, to be a mandatory subject of negotiations. In balancing the effect on the employees' compensation and hours of work with the mission of UCS, the Board found that the employees' interests transcended the employer's interests. (U-19691,10/6/00)

MONROE COUNTY SHERIFF POLICE BENEVOLENT ASSOCIATION AND COUNTY OF MONROE AND MONROE COUNTY SHERIFF. The Board reversed the decision of the ALJ finding that the employer had violated §209-a.1(a) and (c) of the Act when it unilaterally discontinued the use of County vehicles by certain employees in the unit represented by the PBA in retaliation for the PBA's complaints about changes in the use of flex-time. The Board found that the record did not evidence the requisite improper motivation to sustain such a charge. The Board also reversed the ALJ's finding that the employer had not violated §209-a.1(d) of the Act by discontinuing the long-standing practice of allowing certain employees in the PBA unit to use County-owned vehicles to travel back and from home to work. The Board found that there was no condition precedent to the use of the vehicles and ordered the County to restore the benefit. (U-20786,10/6/00)

GRADUATE STUDENT EMPLOYEES' UNION AND STATE OF NEW YORK (STATE UNIVERSITY OF NEW YORK AT STONY BROOK). The Board affirmed the decision of the ALJ dismissing the Union's charge that SUNY violated §209-a.1(d) of the Act when it unilaterally rescinded its academic freedom policy by removing two teaching assistants in the unit represented by the Union from teaching English 101 and reassigning them as writing tutors due to their use in their classes of a syllabus and assigned readings which were considered controversial. The Board determined that even though the charge was couched in terms of academic freedom, it really complained about SUNY's actions with respect to the manner in which classes will be taught, including the choice of materials to be used in the classroom. As the selection of textbooks, examinations and other materials goes to the essence of educational policy and as changes in curricula, programs and methods are all related to the mission of the employer, the Board found that the charge alleged changes in nonmandatory subjects of negotiations which SUNY was not obligated to negotiate.(U-20890,10/6/00)

PORT JEFFERSON ADMINISTRATORS ASSOCIATION, SCHOOL ADMINISTRATORS ASSOCIATION OF NEW YORK STATE AND PORT JEFFERSON UNION FREE SCHOOL DISTRICT. The Board affirmed the decision of the ALJ finding that the District violated §209-a.1(d) of the Act when it unilaterally imposed a sign in-sign out requirement on a principal who was the subject of Education Law §3020-a charges. The Board rejected the District's argument that the sign-in directive was nonmandatory, finding instead that employee participation in the recording of attendance is a mandatory subject of negotiations. Because §3020-a is silent with regard to the manner in which a school district may impose restrictions upon a suspended employee, the District was obligated to negotiate the imposition of the attendance requirement upon the suspended administrator. (U-21128, 10/6/00)

ERIE COUNTY SHERIFF'S POLICE BENEVOLENT ASSOCIATION, INC., AFFILIATED WITH THE POLICE CONFERENCE OF NEW YORK, INC. AND COUNTY OF ERIE AND SHERIFF OF ERIE COUNTY. The Board affirmed the Director's decision dismissing the PBA's charge which alleged that the County and the Sheriff violated §209-a.1(d) of the Act when it required unit members requesting contractual union leave to provide an explanation for the request. The charge further alleged that certain requests had been denied because the Sheriff disapproved of the stated explanation. Finding that the parties' collective bargaining agreement contained a provision which covered the subject matter of the charge, the Board dismissed the improper practice charge because §205.5(d) of the Act divests PERB of jurisdiction to enforce contracts. (U-21622,10/6/00)

PUBLIC EMPLOYEES FEDERATION, AFL-CIO AND STATE OF NEW YORK. The Board reversed the decision of the Assistant Director that the State had violated §§209-a.1(a) and (c) of the Act when it discontinued and blocked all computer-generated e-mail of an employee of the State Education Department, who was also a PEF official. The Board found that although the employee was engaged in protected activity and the State had knowledge of his activities, his e-mail privileges were suspended not because of the content of his e-mails but because he failed to comply with directives from his supervisor to stop transmitting messages outside the policy guidelines for the content of office e-mail. Finding no evidence of animus on the part of the employee's supervisor, the Board dismissed the charge. (U-20917,10/6/00)

RONALD GRASSEL AND UNITED FEDERATION OF TEACHERS, LOCAL 2, AFT, AFL-CIO. The Board affirmed the ALJ's decision dismissing Grassel's improper practice charge alleging that the UFT had violated the Act by withdrawing as his counsel days before a scheduled Education Law §3020-a hearing seeking Grassel's termination. The Board determined that all the reasonable inferences given to Grassel's offer of proof would not sustain a finding that UFT had been arbitrary, discriminatory or acting in bad faith when, after attempting to contact Grassel to no avail for six weeks prior to the hearing, UFT decided that he was no longer interested in participating in his own defense and withdrew as his counsel. (U-20569, 8/7/00)

UTICA PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 32, IAFF, AFL-CIO AND CITY OF UTICA. The Board reversed the ALJ's finding that the City violated the Act when it disciplined the president of the Association for refusing a direct order and acting in a loud and opprobrious manner. Although the president was off-duty and was engaged in protected activity, the Board found, given the quasi-military nature of a police department, that the president was not protected when he disobeyed a direct order from a superior officer. (U-20924, 8/7/00)

DAVID ROEMER AND UNITED FEDERATION OF TEACHERS AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Board affirmed the decision of the Director of Public Employment Practices and Representation dismissing as untimely Roemer's improper practice charge which alleged that the UFT had violated the Act by failing to represent him in a disciplinary grievance and by failing to reimburse him for attorney's fees when he retained private counsel. The Board reiterated that the filing period for improper practices would not be tolled while ancillary proceedings took place and further found that, as to the one timely allegation in Roemer's charge, no facts had been pled which would support a finding that UFT provided such a benefit to other unit members or that its refusal to reimburse Roemer was arbitrary, discriminatory or made in bad faith. (U-21634, 8/7/00)

JOHN THOMAS MCANDREW AND PORT JERVIS CITY SCHOOL DISTRICT. The Board affirmed the decision of the Director of Public Employment Practices and Representation dismissing McAndrew's improper practice charge which alleged that the District's attorney and Superintendent of Schools had violated the Act when they made certain oral and written statements to him. The Board concurred with the Director that the parties' contentious labor history was insufficient to support a finding of improper motivation on the part of the District and that the statements were not, in and of themselves, improper, given the context in which they were made. (U-21286, 8/7/00)

KEVIN C. KULESA AND ONEIDA COUNTY DEPUTY SHERIFF'S BENEVOLENT ASSOCIATION AND COUNTY OF ONEIDA. The Board affirmed the ALJ's decision dismissing Kulesa's charge alleging that the Association violated the Act when it withdrew its demand for arbitration of Kulesa's grievance because of his health. The Board determined that there was no record evidence to suggest that the Association's determination was arbitrary, discriminatory or made in bad faith. (U-19225, 8/7/00)

CITY OF POUGHKEEPSIE AND POUGHKEEPSIE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 596, IAFF, AFL-CIO-CLC. The Board reversed the ALJ and ordered the Association to withdraw from interest arbitration a demand which would establish a de novo binding arbitration procedure to appeal the initial determination by the City of eligibility for General Municipal Law §207-a benefits. The Board clarified its decision in City of Watertown where it held that a union's demand to appeal to arbitration disputes over the initial determination was mandatorily negotiable as a reasonable substitute for CPLR Article 78 review. The Board affirmed the ALJ's determination that the Association's demands seeking the incorporation of statutory language into a collective bargaining agreement were mandatorily negotiable. The Board also found the Association's demands which established the fire chief as the City's exclusive agent for making §207-a determinations of initial and continuing eligibility to be nonmandatory. (U-20119, 6/21/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, STEUBEN COUNTY LOCAL 851, COUNTY EMPLOYEES UNIT AND COUNTY OF STUEBEN. The Board held that two public health nurses who had been active in CSEA had been reassigned after their return from a disciplinary suspension due to legitimate business concerns of the County and not because of their involvement in protected activities. (U-20359, 6/21/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND CITY OF NEWBURGH. The Board denied an interlocutory motion of the City seeking a review of a decision by the Director of Public Employment Practices and Representation to reopen a case which had been deemed withdrawn. The Board held that the City's request, based upon a desire to save the time and expense of a hearing, was not a sufficient basis upon which to grant a request for interlocutory appeal. (U-20478, 6/21/00)

DANIEL M. MANKOWSKI AND PUBLIC EMPLOYEES FEDERATION AND STATE OF NEW YORK. The Board affirmed the decision of the Director of Public Employment Practices and Representation dismissing Mankowski's improper practice charge as untimely. The charge complained of PEF's failure to adequately represent Mankowski in several grievances outstanding since his retirement in 1990. (U-21512, 6/21/00)

PUBLIC EMPLOYEES FEDERATION, AFL-CIO AND STATE OF NEW YORK (OFFICE OF INSPECTOR GENERAL). The Board dismissed an improper practice charge filed by PEF which alleged that the State had violated the Act when the State, pursuant to Executive Order No. 39, unilaterally began requiring all employees of State executive branch agencies to report to the State Inspector General, or be subject to disciplinary action, any information regarding corruption, fraud or criminal activity. At the hearing, the State made a motion to dismiss the charge at the close of PEF's direct case. The ALJ reserved decision on the motion and the State thereafter put on its direct case. The Board found that the ALJ, in deciding the motion, correctly reviewed only the evidence put on by PEF as part of its direct case and did not consider any other evidence in the record in determining that PEF had failed to meet its burden of proving that there had been a change in the prior practice relating to reporting instances of misconduct. (U-18291, 5/1/00)

WESTCHESTER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION, INC. AND COUNTY OF WESTCHESTER. The Board affirmed the decision of the ALJ which determined that the County violated the Act when it unilaterally changed its prior practice and began withholding income taxes on a bi-weekly basis from individual correction officers whose Workers' Compensation and General Municipal Law §207-c claims were controverted. Finding that the withholding of taxes is a term and condition of employment subject to negotiation, the Board rejected the County's argument that an opinion letter it received from the Internal Revenue Service mandated its action. Pursuant to that letter, the County had the discretion to choose whether to withhold taxes from controverted claims and was, therefore, obligated to negotiate over the exercise of discretion. (U-20707, 5/1/00)

LOCAL 100, TRANSPORT WORKERS UNION OF GREATER NEW YORK, AFL-CIO AND NEW YORK CITY TRANSIT AUTHORITY. The Board dismissed the improper practice charge filed by the TWU which alleged that the Authority had violated the Act by unilaterally changing a past practice when it served a disciplinary notice on a unit member at his residence and not on Authority premises. The Board affirmed the ALJ's dismissal of the charge as untimely, finding that the time to file the charge ran from the date the employee and the TWU were served with the disciplinary charges and not the date that the employment of the employee was terminated. The Board rejected the TWU's argument that it could file from either date under the rationale of Middle Country Teachers Association (Werner), finding that the date of injury here was the same as the date of the announcement of the alleged change (service at home). (U-20945, 5/1/00)

JOHN THOMAS MCANDREW AND PORT JERVIS CITY SCHOOL DISTRICT. The Board affirmed the decision of the Assistant Director dismissing the improper practice charge filed by McAndrew in which he alleged that the District's Superintendent of Schools violated the Act by refusing to meet with him about his concerns regarding the election for a delegate and an alternate to attend the annual meeting of the New York State Teachers' Retirement System. Finding that McAndrew had been engaged in protected activity in the past and the District had knowledge of his activities, the Board determined that the charge should nonetheless be dismissed because the record was devoid of any evidence of animus on the part of the Superintendent in making his decision not to meet with McAndrew. Further, the Board found that the Superintendent's refusal to meet with McAndrew did not arise from the employer-employee relationship but from his capacity as chief administrative officer of the territorial district designated by the Education Law and was appropriately addressed in another forum. (U-21054, 5/1/00).

AFSCME, NEW YORK COUNCIL 66, LOCAL 2574, COUNTY OF ALLEGANY EMPLOYEES (GENERAL UNIT) AND COUNTY OF ALLEGANY. The Board dismissed an improper practice charge filed by AFSCME alleging that the County had violated the Act by unilaterally subcontracting excavation work that was exclusive to the unit represented by AFSCME. The Board found that the County had satisfied its duty to negotiate as the parties' collective bargaining agreement contained a management rights clause that provided that the County retained the right to determine whether and to what extent work required by the County in operating its business would be performed by unit employees. The Board determined that no other language in the contract limited the County's right and that the language of the management rights clause was sufficiently clear that no parol evidence as to its meaning was appropriate.(U-20123, 3/31/00)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES - WENDE CORRECTIONAL FACILITY). The Board reversed the ALJ and dismissed an improper practice charge filed by NYSCOPBA alleging that the State had unilaterally ended a practice of allowing corrections officers at Wende Correctional Facility to leave the facility three minutes before the end of a shift. The Board held that the State's notification to employees that there were malfunctions with a time clock that might incorrectly note their departure of up to three minutes prior to the end of a shift and that employees would not be charged in the case of such a discrepancy did not establish a past practice for employees leaving the facility early. (U-20986, 3/31/00).

UNITED UNIVERSITY PROFESSIONS AND STATE OF NEW YORK (STATE UNIVERSITY OF NEW YORK AT BUFFALO). The Board affirmed the ALJ's decision dismissing UUP's charge that the State of New York (SUNY-Buffalo) violated the Act when it denied access to a facility to a doctor who was also the UUP chapter president. Finding that the doctor had been engaged in protected activity and that the State was aware of it, the Board dismissed the charge upon a finding that there was no evidence of anti-union animus on the part of the State. (U-20348, 3/31/00).

RAMAPO POLICE BENEVOLENT ASSOCIATION AND TOWN OF RAMAPO. The Board affirmed the decision of the Director of Public Employment Practices and Representation dismissing the improper practice charge filed by the Association which alleged that the Town had violated the Act by continuing to assign unit work to lieutenants even after they opted out of the unit represented by the Association. Finding that the Town and the Association had bilaterally agreed that lieutenants could choose to be unrepresented, the Board found no change in the parties' practice and, therefore, no violation when the Town continued to utilize lieutenants to fill-in for sergeants who were absent. (U-20685, 3/31/00).

NEW YORK STATE THRUWAY EMPLOYEES, TEAMSTERS LOCAL 72, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA AND NEW YORK STATE THRUWAY AUTHORITY. The Board affirmed the decision of the ALJ finding that the Thruway Authority violated the Act when it unilaterally subcontracted to a private contractor pavement marking which had been exclusively performed by employees in the unit represented by the Teamsters. Although unit employees had never used epoxy paint or the equipment necessary for its application, the Board found that unit employees had previously been trained each time the Authority decided to utilize different paint or equipment, that the epoxy application equipment was not substantially different from other equipment used by unit employees and that there had been no change in the level of service or qualifications for the job which would warrant the subcontracting of unit work to a private contractor. (U-19497, 3/31/00).

GREENBURGH #11 FEDERATION OF TEACHERS AND GREENBURGH #11 UNION FREE SCHOOL DISTRICT. The Board affirmed the decision of the ALJ and found that the District violated §209-a.1(a) of the Act when it unilaterally changed the location of grievance hearings to a location distant from the District, instituted the use of metal detectors at the entrance to grievance hearings and utilized armed security personnel both at the entrance of and in the grievance hearing room. The reasons given by the District for the security measures were found by the Board to be remote in time and circumstance from the grievance hearings and insufficient to overcome the presumption that the actions taken by the District had been done for the purpose of chilling unit employees in the exercise of protected rights. The Board further found that the District had not negotiated in good faith in violation of §209-a.1(d) by unilaterally implementing changes in the grievance procedure. The Board also ruled on several procedural matters raised by the parties, determining that the case would be decided on the record before the ALJ and rejecting the offers of additional evidence that was not newly discovered and legal arguments that were not part of the record before the ALJ. (U-19896, 3/31/00).

GATES HIGHWAY DEPARTMENT FOREMEN’S ASSOCIATION AND TOWN OF GATES. The Board affirmed the ALJ’s dismissal of the Association’s charge that the Town had improperly disciplined foremen in its Highway Department, finding that although the foremen had been engaged in protected activity when they formed the Association and that the Town was aware of this protected activity, there was no nexus between the protected activity and the Town’s disciplinary actions. The Town’s actions were motivated by circumstances surrounding the election of the Town Supervisor and not the representation activity. (U-19513 & U-20343, 2/29/00)

TOWN OF MAMARONECK POLICE BENEVOLENT ASSOCIATION, INC. AND TOWN OF MAMARONECK. The Board affirmed the decision of the ALJ dismissing the Association’s improper practice charge alleging that the Town violated the Act by unilaterally reassigning to a nonunit employee of the Town certain clerical duties previously performed exclusively by unit employees. Reiterating the rationale of its prior “civilianization” decisions, the Board held that the substitution of civilians for police officers to deliver services previously performed by police officers reflects an employer’s determination that the specialized training and skills of uniformed personnel are not necessary for the performance of a given set of tasks and is necessarily a change in qualifications. The Board further held that the performance of those tasks by uniformed officers after the transfer on a limited basis was insufficient to reestablish exclusivity. (U-20269, 2/29/00)

SARA-ANN P. FEARON AND UNITED FEDERATION OF TEACHERS AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Board denied the charging party’s motion to reconsider its decision of January 24, 2000, dismissing her improper practice charge. The Board determined that there was neither newly discovered evidence nor overlooked propositions of law which justified reconsideration of its earlier decision. (U-20760, 2/29/00)

PUBLIC EMPLOYEES FEDERATION, AFL-CIO AND STATE OF NEW YORK (GOVERNOR’S OFFICE OF EMPLOYEE RELATIONS). The Board affirmed the decision of the Assistant Director of Public Employment Practices and Representation dismissing PEF’s improper practice charge which alleged that the State violated the Act by unilaterally applying a standard not included in the parties’ contractual grievance procedure to an out-of-title work grievance. The Board held that the charge was beyond its jurisdiction because the parties’ collective bargaining agreement was a reasonably arguable source of right to PEF with respect to the subject matter of the charge. (U-20803, 2/29/00)

FRANCES JENKINS AND TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100 AND NEW YORK CITY TRANSIT AUTHORITY. The Board affirmed the decision of the Director of Public Employment Practices and Representation dismissing the improper practice charge as untimely. The charge, alleging a breach of the duty of fair representation, was filed more than four months after the disciplinary arbitration hearing which formed the basis of the charge and more than four months after the arbitration board’s penalty of demotion was imposed. (U-21118, 2/29/00)

SARA-ANN P. FEARON AND UNITED FEDERATION OF TEACHERS AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Board affirmed the decision of the Director of Public Employment Practices and Representation denying Fearon’s motion to reopen the improper practice charge she had filed. The Director had denied Fearon’s motion because she alleged only that there was a difference of opinion between the parties over the interpretation of a settlement agreement or the extent to which compliance with the agreement had been achieved. In the interest of preserving the finality of settlement agreements, the Board held that, unless a repudiation of the settlement agreement is found, an improper practice charge that has been withdrawn will not be reopened. (U-20760, 1/24/00)

MARTIN FREEDMAN AND UNITED FEDERATION OF TEACHERS AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Director of Public Employment Practices and Representation denied Freedman’s motion to reopen the improper practice charge he had filed because the motion alleged only that there was a difference of opinion between the parties over the extent to which compliance with the agreement settling the improper practice charge had been achieved. The Board affirmed the Director’s denial of the motion because settlement agreements reached between the parties in resolution of improper practice charges should not be set aside and charges reopened except in the same extraordinary circumstances which would establish repudiation of the settlement agreement, and such circumstances were not established in Freedman’s motion. (U-20764, 1/24/00)

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Strikes

NO ARCHIVED STRIKE DECISION SUMMARIES IN 2000.

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Local Procedures

NO ARCHIVED LOCAL PROCEDURES DECISION SUMMARIES IN 2000.

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Other Matters

NO ARCHIVED OTHER MATTERS DECISION SUMMARIES IN 2000.

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Decision Summaries of the Office of Public Employment Practices and Representation


Representation

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 200B AND GEORGE JUNIOR REPUBLIC UNION FREE SCHOOL DISTRICT. The Director dismissed the petition due to the petitioner's failure to provide information necessary to set up an election. (Director Klein, C-5004, 12/5/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND COUNTY OF ULSTER. The union's petition for unit placement of part-time (less than half-time) employees into its unit of 1200 full- and part-time (more than half-time) employees was granted. The at-issue employees hold identical titles as those in unit, perform same duties, work under same supervisory structure and earn pro rata wages. Therefore, they share a significant community of interest with unit employees. (ALJ Quinn, CP-697, 12/13/00)

UNITED PUBLIC SERVICE EMPLOYEES UNION AND COUNTY OF COLUMBIA. The union's unit clarification petition was granted. The parties' recognition clause provides for a wall-to-wall unit of all employees save those who fall into specifically excluded classes. Because the job descriptions for newly created positions did not suggest that titles fall into any of the excluded classes, they are in the unit. The possibility that employees perform duties warranting designation as managerial or confidential does not mean that they are not in the unit under broad inclusive language of the recognition clause. However, the employer is free to have them so designated in appropriate proceeding. (ALJ Quinn, CP-701, 12/28/00)

SOUTH HUNTINGTON TEACHERS' ASSOCIATION AND SOUTH HUNTINGTON UNION FREE SCHOOL DISTRICT. The Association filed a clarification and placement petition pursuant to §201.2(b) of PERB's Rules of Procedure seeking a determination that the position of teaching assistant is either already encompassed within or should be placed within a unit of teachers and other professional employees which it currently represents. The ALJ dismissed the unit clarification aspect of the petition, holding that the contractual recognition clause is too vague to establish that the parties intended the position to be included in the unit. The ALJ granted the unit placement aspect of the petition, finding that the position was appropriately placed in the unit pursuant to the criteria set forth in §207 of the Act. The District's argument that the position was more appropriately placed in an existing unit of teacher aides was rejected, because the teaching assistants, as allied professional employees, have a closer community of interest with the teachers and other professional employees. (ALJ Blassman, CP-683, 11/17/00)

SOUTH JEFFERSON TEACHERS ASSOCIATION, NYSUT, AFT, AFL-CIO, SOUTH JEFFERSON CENTRAL SCHOOL DISTRICT AND PROFESSIONAL SUPPORT BARGAINING UNIT. A petition to decertify the Professional Support Bargaining Unit as a bargaining representative for five titles within the District and to accrete those titles to the Association's unit was granted, based upon the professional community of interest among the affected titles and the members of the Association. (ALJ Mayo, C-4986, 11/21/00)

SPECIAL AND SUPERIOR OFFICERS BENEVOLENT ASSOCIATION AND TOWN OF BROOKHAVEN. The Association filed a certification petition seeking to represent a unit of unrepresented part-time security guards and senior security guards. The petitioned-for unit was found to be too narrow, and not to constitute the most appropriate unit, as a community of interest existed with other unrepresented, part-time titles with security and/or code enforcement duties. A community of interest was also found to exist with other part-time titles based upon common wage levels, the lack of benefits, and the fact that the part-time employees were subject to common, centralized personnel practices. The ALJ rejected the SOA's arguments that the security guards should be represented in an exclusive unit based upon their law enforcement duties, as the guards do not exercise the "full range of law enforcement duties" which creates a preference for separate unit placement. Nor was there evidence that an actual or potential conflict of interest arose from the fact that the security guards might issue summonses or appearance tickets to Town employees. The petition was dismissed, as neither the SOA nor any other employee organization, was seeking to represent a broader unit of part-time employees. (ALJ Blassman, C-4971, 10/6/00)

WILSON TEACHERS' ASSOCIATION AND WILSON CENTRAL SCHOOL DISTRICT AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. A unit placement petition of Wilson Teachers' Association, seeking to include the title of School Nurse in its bargaining unit, was granted based on the facts set forth in the petition and the consent of the Employer and Intervenor. (ALJ Fitzgerald, CP-692, 10/10/00)

UNITED PUBLIC SERVICE EMPLOYEES UNION AND WESTERN SUFFOLK BOARD OF COOPERATIVE EDUCATIONAL SERVICES. The UPSEU filed a certification petition seeking to represent a unit of cafeteria workers. The cafeteria workers were found to have a community of interest with the BOCES aides, who are represented in a separate unit, based upon their similar wage and benefits level, their interaction in assisting students during meal time, and their common mission of serving the needs of BOCES's disabled and special needs student population. UPSEU's arguments that the cafeteria workers should be represented in an exclusive unit based upon their separate work location and lack of community of interest with other employees were rejected. The cafeteria workers were placed in the existing aides unit, as the petition was filed during a period in which that unit was open to challenge, no question of majority status was raised by the placement of the cafeteria workers in the aides unit, BOCES had argued in favor of such placement, and the employee organization representing the aides had indicated its agreement to represent the title. (ALJ Blassman, C-4960, 10/18/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND NEWFIELD CENTRAL SCHOOL DISTRICT. Following a hearing, the ALJ found that a community of interest existed between a newly-created Head Cook title and the existing noninstructional unit, and granted the union's petition for unit placement. Although the title had certain low-level supervisory responsibilities, the evidence indicated that she worked side by side with unit members and the unit member who had similar job responsibilities in the District's other building was within the unit. (ALJ Mayo, CP-644, 10/30/00)

PORT WASHINGTON WATER POLLUTION CONTROL DISTRICT AND LOCAL 808, BUILDING MAINTENANCE, SERVICE, AND RAILROAD WORKERS UNION, IBT, AFL-CIO. The District filed a clarification petition pursuant to §201.2(b) of PERB's Rules of Procedure seeking a determination that two positions (Foreman of the Sludge Disposal Department and Foreman of the Sewage Treatment and Disposal Department) are not included in the scope of a unit of blue-collar employees represented by Local 808. The ALJ granted the petition, since the collective bargaining agreement identifies the position of Foreman as one that is excluded from the unit. That the employees retained a different Civil Service classification was found to be immaterial, since the record evidence demonstrated that the employees in fact used the title of Foreman and had assumed all the supervisory and personnel functions of the position which had originally lead PERB to determine that the supervisory duties assigned to the position created a potential conflict if included within the rank-and-file unit and warranted its exclusion from the unit. (ALJ Blassman, CP-669, 9/14/00)

SAANYS/SOUTHOLD ADMINISTRATORS ASSOCIATION AND SOUTHOLD UNION FREE SCHOOL DISTRICT. Managerial designation made by PERB in 1991 of Director of Special Education remained applicable to the re-titled Director of Special Education/ Special Services where evidence showed retention of managerial duties. Where the placement of one additional person would affect greater than thirty percent of the unit composition, a placement petition must be dismissed. (ALJ Cacavas, CP-623, 9/14/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND RYE CITY SCHOOL DISTRICT. The ALJ granted the unit clarification portion of a unit clarification/placement petition with respect to the title of computer aide. The ALJ found that computer laboratory assistants, who were unit members until they were reclassified as computer aides, had performed the same duties as computer aides for a number of years; and that unit community of interest factors were broad enough to encompass computer aides, whose duties to instruct students and collaborate with teachers in support of their instruction were similar to unit members' duties, and outweighed any dissimilarities in their supervision or any disparity in their benefits. (ALJ Nathan, CP-632, 8/3/00)

LOCAL 342, UNITED MARINE DIVISION, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO AND TOWN OF HUNTINGTON AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. Shared community of interest between petitioned-for Town Park Supervisor and employees in the Town's white-collar unit in terms of work schedule and primary responsibility for managing a Town program or function, rather than employee supervision, militated in favor of adding Town Park Supervisor title to white-collar unit rather than unit comprised of labor supervisors. Where a recognition clause is so broadly worded as to be vague or ambiguous, the parties' actions with respect to application of the clause must be examined in determining a petition for unit clarification. (ALJ Cacavas, CP-639, 7/5/00)

UNITED FEDERATION OF POLICE OFFICERS, INC., AND VILLAGE OF PLEASANTVILLE AND CIVIL SERVICE EMPLOYEES ASSOCIATION, LOCAL 1000, AFSCME, AFL-CIO. A petition to fragment clerical employees from a long-standing white- and blue-collar unit was dismissed. The petitioner did not meet its burden to establish a negotiating history evidencing a conflict of interest between the two groups of employees or that CSEA had systematically and intentionally disregarded the clericals' interests or had neglected or been indifferent to their interests. (Assistant Director Toomey, C-4943, 7/19/00)

AFSCME COUNCIL 66, LOCAL 1037 AND CITY OF SCHENECTADY. A union's petition for unit placement of garage attendants into its existing unit was granted on the City's consent and the facts set forth in petition. (ALJ Quinn, CP-685, 7/27/00)

AMALGAMATED TRANSIT UNION, LOCAL #1321 AND CAPITAL DISTRICT TRANSPORTATION AUTHORITY, INC. The union's petition for unit placement of unrepresented supervisors and foremen into its existing unit that includes supervisors was granted based on stipulated facts establishing a significant community of interest among unrepresented and represented employees. The fact that unrepresented employees may not wish to be included in the bargaining unit is immaterial. (ALJ Quinn, CP-686, 7/27/00)

ICHABOD CRANE REGISTERED NURSES ASSOCIATION AND ICHABOD CRANE CENTRAL SCHOOL DISTRICT AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ICHABOD CRANE CENTRAL SCHOOL DISTRICT CSEA UNIT. The ALJ denied the petition to fragment nurses from a noninstructional bargaining unit. The ALJ found that the unit as constituted with nurses was long-standing as the nurses had been a part of the unit since 1991 and had been covered by two collective bargaining agreements. Further, despite the allegations that the nurses received relatively low pay and did not have their particular concerns addressed, she found no evidence of conflict of interest or inadequate representation. (ALJ Nathan, C-4880, 5/22/00)

AMALGAMATED TRANSIT UNION, LOCAL 1342 AND NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC. ATU's petition to accrete paratransit operators into its existing unit was granted upon a finding that paratransit operators shared a substantial community of interest with those already represented. (ALJ Doerr, CP-662, 5/15/00)

UNITED PUBLIC SERVICE EMPLOYEES UNION AND NORTHPORT-EASTPORT UNION FREE SCHOOL DISTRICT. Existing aides unit was the proper unit for unrepresented security guards and security monitors. A separate unit of security personnel was unwarranted under the facts and the disparity in benefits and compensation were insufficient to overcome a shared community of interest in maintaining order on and protecting District premises. (ALJ Cacavas, C-4937, 5/3/00)

HAMMONDSPORT NON-TEACHING PERSONNEL ORGANIZATION AND HAMMONDSPORT CENTRAL SCHOOL DISTRICT. The unit placement petition was granted, adding the positions of teacher aide, typist/account clerk and nurse to the nonteaching staff unit, despite the objection of District that an election was required. The number of employees to be added did not constitute 30% or more of the number in the existing unit, therefore, the petitioner's majority status was not in issue and no election was warranted. (ALJ Fitzgerald, CP-628, 4/25/00)

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 200-B AND LIVERPOOL CENTRAL SCHOOL DISTRICT AND LIVERPOOL ASSOCIATION OF MIDDLE MANAGERS. The title of computer repair technician was placed in the unit of the petitioner, Service Employees International Union, Local 200-B, over the objection of the employer and the intervening union, Liverpool Association of Middle Managers, based upon similarity in job duties and a lack of record evidence of sufficient disparity in benefits and/or working conditions. Said placement was consistent with the unit structure already in place in the District, which emphasizes occupational grouping. (ALJ Comenzo, CP-573, 4/21/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND STATE OF NEW YORK AND NEW LEBANON CENTRAL SCHOOL DISTRICT. An application to designate Claudia Roberts, Senior Clerk, as confidential under the Act was granted based upon the incumbent's confidential relationship with the school superintendent and her intimate knowledge of the District's financial condition. Consequently, CSEA's petition to have Roberts included within its unit was dismissed. (ALJ Mayo, E-2169 & CP-629, 4/20/00)

RYE PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 2029, IAFF, AFL-CIO AND CITY OF RYE. The ALJ dismissed a unit placement petition seeking to include the Fire Lieutenant/Inspector title within the bargaining unit. The incumbent in the title was a high-level supervisor with a broad range of responsibilities who is not appropriately placed within a unit of employees under his supervision. (ALJ Mayo, CP-610, 4/20/00)

LOCAL 102, UTILITY WORKERS UNION OF AMERICA, AFL-CIO AND NEW YORK POWER AUTHORITY. The Union filed a unit placement petition seeking to accrete employees in the titles Central Station Planner and Material Coordinator to its present unit. The Union alleged in both the petition and at the pre-hearing conference that the titles in issue shared a community of interest with the employees it represented at the employer's facility. In light of these allegations, and the employer's agreement with this assertion, the ALJ placed the titles in issue in the bargaining unit represented by the petitioner. An election was not necessary since the number of employees accreted to the newly constituted unit did not place the Union's majority status in issue. (ALJ Maier, CP-664, 4/6/00)

LANSING FACULTY ASSOCIATION AND LANSING CENTRAL SCHOOL DISTRICT. A petition to add certified teaching assistants to an existing instructional unit was, with the consent of the District, granted. (ALJ Comenzo, CP-649, 3/8/00)

CAYUGA COMMUNITY COLLEGE FACULTY ASSOCIATION AND CAYUGA COMMUNITY COLLEGE. The Association’s application to place the newly created title of Coordinator of Electronic Media Services within its unit was dismissed by the ALJ, who found the incumbent’s duties and lack of teaching responsibilities did not provide a sufficient community of interest with other Association members to afford placement within that unit. (ALJ Mayo, CP-569, 3/13/00)

PUBLIC EMPLOYEES FEDERATION AND CITY OF GLENS FALLS. At conference, the ALJ dismissed a unit clarification petition filed within one year of a title specific certification upon finding that the at-issue title was excluded from PEF's unit. PEF’s argument that it was unaware of the title until after it had agreed upon the titles to be included at the time of certification was rejected for policy reasons. Also, finding the petition to be premature, the ALJ interpreted Part 201 of the Rules, which prevents the filing of petitions within one year from processing to completion of a prior petition for a unit which includes the same job titles, to apply to unit clarification/placement petitions notwithstanding the allowance for their filing “at any time.” (ALJ Barsamian, CP-672, 3/27/00)

SENECA FALLS SUPPORT STAFF ASSOCIATION AND SENECA FALLS CENTRAL SCHOOL DISTRICT AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. Objections to the petition seeking certification of the Seneca Falls Support Staff Association (SFSSA) and decertification of the Civil Service Employees Association, Inc., Local 100, AFSCME, AFL-CIO (CSEA), filed by CSEA, were dismissed. A challenge to the SFSSA’s status as an employee organization under the Act was found to be without merit. (ALJ Fitzgerald, C-4954, 3/29/00)

TEAMSTERS LOCAL 312, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO AND VILLAGE OF BELMONT. The Village failed to show that three of the four petitioned-for employees were managerial under the terms of the Act. The unit petitioned for was deemed appropriate. (ALJ Doerr, C-4859/E-2150, 2/7/00)

LANSING SCHOOL SERVICE ASSOCIATION AND LANSING CENTRAL SCHOOL DISTRICT. Pursuant to the agreement of the parties, the following titles were added to the Association’s bargaining unit: Middle School Secretary, Elementary School Secretary, Secretary for Purchasing, High School Guidance Secretary, High School Secretary, and Day Care Center Workers who work at least 2 hours per day, 5 days per week, the entire 180-day school year. (ALJ Mayo, CP-657, 2/10/00)

UNITED PUBLIC SERVICE EMPLOYEES UNION AND CITY OF AMSTERDAM. The Assistant Director determined that a unit of the City’s “mid-level management” employees which the UPSEU sought to represent was, with one exception, most appropriate. The Director of Recreation was excluded from the unit sought because, based on his heavy involvement in the development of his department’s programs, he was a managerial “policy maker” and thus could not be a member of any bargaining unit. The City’s argument that the other persons who were the subject of UPSEU’s petition were managerial or confidential employees under the Act was rejected because the record evidenced that their roles in policymaking and labor relations were too limited in nature to warrant such a finding, given the legislative intent that the standards therefor “should be applied conservatively ... [and] all uncertainties must be resolved in favor of Taylor Law coverage....” (Assistant Director Toomey, C-4918, 2/17/00)

ADMINISTRATORS ASSOCIATION OF ERIE COMMUNITY COLLEGE, LOCAL 3300, UAW, REGION 9 AND COUNTY OF ERIE/ERIE COMMUNITY COLLEGE. Academic deans who develop, supervise, evaluate and revise curriculum college-wide within their respective academic areas are sufficiently engaged in policymaking so as to make their inclusion in Colleges’ Administrator’s unit inappropriate. An agreement by the parties to exclude the titles as managerial/confidential which did not otherwise expressly prohibit recourse to PERB’s procedures seeking accretion of those titles subsequent to the execution of the agreement is not controlling. (ALJ Doerr, CP-549, 1/25/00)

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Management / Confidential

VILLAGE OF SOUTHAMPTON. Where principal clerk had confidential relationship to managerial employee in his performance of managerial responsibilities, confidential designation was warranted. (ALJ Cacavas, E-2223, 12/8/00)

MOHAWK MUNICIPAL COMMISSION. Arthur Baum, Public Utilities Foreperson, was designated managerial upon consent of his bargaining agent. (ALJ Comenzo, E-2202, 12/15/00)

SOUTH GLENS FALLS CENTRAL SCHOOL DISTRICT. The employer's application to have Microcomputer Technician designated confidential was granted upon factual averments in the application and supporting documents, and consent of all parties. (ALJ Quinn, E-2224, 12/26/00)

TROY HOUSING AUTHORITY. The employer's application to have Housing Project Managers and Director of Planning and Development designated managerial was granted upon factual averments in the application and supporting documents, and consent of all parties. (ALJ Quinn, E-2163, 12/28/00)

COUNTY OF LIVINGSTON. The County's application for the designation of several individuals in the Sheriff's Department as managerial or confidential was granted, with consent of the Livingston County Deputy Sheriff's Association. (ALJ Doerr, E-2214, 11/1/00)

EAST MORICHES UNION FREE SCHOOL DISTRICT. Where secretarial assistant had confidential relationship to the Superintendent of Schools in his performance of managerial responsibilities, confidential designation was warranted. (ALJ Cacavas, E-2222, 11/10/00)

CITY OF ELMIRA. The City's unrepresented Deputy Police Chief/Operations and Deputy Police Chief/Administration were designated managerial upon the consent of the parties. (Assistant Director Toomey, E-2218, 10/4/00)

AKRON CENTRAL SCHOOL DISTRICT. Donna Ciuryznski, Account Clerk Typist (Benefits & Payroll), and Julie Stoddard, Clerk Typist (Accounts Payable), were designated confidential where their duties and responsibilities satisfied criteria set forth in §201.7(a) of the Act. (ALJ Fitzgerald, E-2212, 10/10/00)

RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT. Denise Green, Keyboard Specialist/District Clerk, was designated confidential where her duties and responsibilities satisfied criteria set forth in §201.7(a) of the Act. (ALJ Doerr, E-2208, 10/12/00)

RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT. Janise Rhoades, Secretary to the Principal, was designated confidential where her duties and responsibilities satisfied criteria set forth in §201.7(a) of the Act. (ALJ Doerr, E-2209, 10/12/00)

GENESEE COMMUNITY COLLEGE. Dolores Wilkin, Secretary to the Director of Human Resources, was designated confidential where her duties and responsibilities satisfied criteria set forth in §201.7(a) of the Act. (ALJ Doerr, E-2211, 10/23/00)

ROXBURY CENTRAL SCHOOL DISTRICT. The Senior Account Clerk was designated as confidential upon her consent together with a finding of factual support by the averments set forth in the application. (ALJ Barsamian, E-2213, 9/7/00)

BUFFALO MUNICIPAL HOUSING AUTHORITY. The applications to designate Vincent W. Barrile, Audit Administrator, Peter M. Lane, Coordinator of Occupancy; and Alicia Benes, Assistant Administrator of Personnel; as managerial under the Act were granted on the consent of all parties. (Director Klein, E-2216, E-2217, 9/22/00)

TOWN OF SOUTHAMPTON. Pursuant to the parties' stipulation, Deborah Brathwaite, Senior Justice Court Clerk, whose duties and responsibilities satisfied criteria set forth in §201.7(a) of the Act, was designated managerial. (ALJ Cacavas, E-2199, 8/9/00)

RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT. George A. Rosenfelder, Principal, was designated managerial where his duties and responsibilities satisfied criteria set forth in §201.7(a) of the Act. (ALJ Doerr, E-2210, 8/28/00)

COUNTY OF CHAUTAUQUA. The County's application for the designation of several employees as managerial or confidential was granted, with consent of the Civil Service Employees Association, AFSCME, Local 1000, Unit 6300. (ALJ Fitzgerald, E-2204, 7/20/00)

BABYLON UNION FREE SCHOOL DISTRICT. Where stenographer was one of two secretaries in the school district's central office and had daily exposure to confidential documents and communications, managed all personnel records, assisted in the preparation of staff observations and evaluations, and assisted in the preparation of grievances and arbitrations, confidential designation was warranted. The evidence also established that petitioned-for individual had confidential relationship to district's assistant superintendent for curriculum and instruction in the performance of her managerial responsibilities. (ALJ Cacavas, E-2184, 7/21/00)

MANHASSET UNION FREE SCHOOL DISTRICT. The application to designate certain unrepresented employees as managerial or confidential within the meaning of the Act was granted based upon the parties' stipulations and consent. (ALJ Blassman, E-2195, 7/26/00)

PALMYRA-MACEDON CENTRAL SCHOOL DISTRICT. The application for designation of the Director of Human Resources as managerial, and the Secretary to the Director of Human Resources as confidential, was granted, with no objection raised by CSEA. (ALJ Fitzgerald, E-2190, 5/12/00)

FASHION INSTITUTE OF TECHNOLOGY. The Director designated the Deputy Controller, who is unrepresented, as managerial since the facts asserted in the application supported the designation granted. (Director Klein, E-2200, 5/2/00)

COUNTY OF MONTGOMERY. The ALJ dismissed the application for designation of the Election Clerk/Election Data Specialist title as managerial and/or confidential, inasmuch as the County was unable to prove such a designation was warranted pursuant to §201.7(a) of the Act. (ALJ Mayo, E-2158, 4/28/00)

WAYLAND/COHOCTON CENTRAL SCHOOL DISTRICT. Mary Randolph, account clerk, and May Briggs, treasurer, were designated confidential where their duties and responsibilities satisfied criteria set forth in §201.7(a) of the Taylor Law. (ALJ Doerr, E-2179, 4/18/00)

CONNETQUOT CENTRAL SCHOOL DISTRICT AND CONNETQUOT CLERICAL ASSOCIATION. The District filed an application pursuant to §201.10 of PERB’s Rules of Procedure seeking to designate Susan Ott, a full-time Senior Clerk Typist working as secretary to the Assistant Superintendent for Instruction, as confidential. After a hearing, the application was granted based upon a showing that Ott acts in a confidential capacity to a manager who qualifies as managerial under §201.7(a)(ii) of the Act and that Ott’s duties include typing, the opening and review of mail, and handling of telephone calls which expose her to confidential collective bargaining and personnel information. The fact that another secretary assists the same manager did not prevent Ott’s designation. (ALJ Blassman, E-2168, 3/2/00).

ENLARGED CITY SCHOOL DISTRICT OF TROY. The Assistant Director designated the District’s Director of Funding Resources as confidential pursuant to the consent of the parties. (Assistant Director Toomey, E-2172, 3/8/00)

UNION SPRINGS CENTRAL SCHOOL DISTRICT. Based on the parties’ stipulation and the documents in support of the application, the District’s Computer Systems Technician was designated as a confidential employee. (ALJ Nathan, E-2187, 3/21/00)

GENESEE COMMUNITY COLLEGE. The secretary to the Vice-President for Human Resources and Planning was designated as confidential. The union consented and the facts asserted in the application supported the designation granted. (ALJ Doerr, E-2185, 3/22/00)

UTICA CITY SCHOOL DISTRICT. Following a hearing, the District’s Director of Business Operations/Finance and Superintendent of Buildings and Grounds/Clerk of the Works were designated managerial by stipulation, and the Director of Personnel was designated as confidential in accordance with the criteria set forth in §201.7(a) of the Taylor Law. (ALJ Mayo, E-2142, 3/23/00)

VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT. The application for confidential designation of the District’s Administrative Assistant to the Deputy Superintendent for Curriculum was granted based upon the parties’ stipulation and consent. (ALJ Blassman, E-2182, 2/9/00).

BRUNSWICK CENTRAL SCHOOL DISTRICT. The ALJ granted the application for confidential designation of a secretary based on her advance knowledge of District bargaining demands and disciplinary action and her status as the sole secretary to the Assistant Superintendent of Business, a managerial employee within the meaning of §201.7(a)(ii) of the Act. (ALJ Nathan, E-2166, 2/17/00)

AVERILL PARK CENTRAL SCHOOL DISTRICT. The District’s application to designate its Head Building Maintenance Mechanic and its Head School Bus Driver as managerial within the meaning of the Act was granted based upon the parties’ stipulation and consent. (ALJ Barsamian, E-2181, 1/18/00)

HAUPPAUGE UNION FREE SCHOOL DISTRICT. Pursuant to the parties’ stipulation, the District’s Head of Security was designated as a confidential employee. (ALJ Cacavas, E-2180, 1/24/00)

ROCKY POINT UNION FREE SCHOOL DISTRICT. Pursuant to the parties’ stipulation, the District’s Account Clerk Typist was designated as a confidential employee. (ALJ Cacavas, E-2178, 1/24/00)

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Improper Practices

PORT WASHINGTON POLICE DISTRICT AND PORT WASHINGTON POLICE BENEVOLENT ASSOCIATION, INC. The employer filed a charge alleging that the union violated §209-a.2(b) by submitting nonmandatory demands to interest arbitration. The ALJ held that three of the demands were nonmandatory since they restricted the employer's right to determine its staffing needs and ordered that they be withdrawn from interest arbitration. The remaining demands were held to be mandatory since they addressed sick and vacation leave and overtime, topics the Board has held to be mandatory subjects of bargaining. The portion of the charge related to the mandatory subjects of bargaining was dismissed. (ALJ Maier, U-21718, 12/4/00)

PATRICK HEARD AND NEW YORK CITY TRANSIT AUTHORITY. Heard's charge that the Authority harassed him in violation of §§209-a.1(a) and (b) of the Act was dismissed. He failed to file four copies of his complete pleading, despite notice to do so, and failed to plead facts linking any Authority conduct to his rights under the Act. (Director Klein, U-22113, 12/5/00)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). An improper practice charge alleging a unilateral requirement that employees obtain medical certification to use sick leave proximate to Christmas and New Year's Eve, 1999-2000, was deferred where grievances concerning the same dispute are pending under a contractual procedure that provides binding arbitration. (ALJ Quinn, U-21382, 12/7/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND NASSAU COUNTY BOARD OF COOPERATIVE EDUCATIONAL SERVICES. A charge alleging that BOCES violated §§209-a.1(a) and (c) of the Act when it retaliated against a shop steward by issuing her negative performance evaluations and reducing her work hours was dismissed upon a finding that the CSEA failed to prove that the actions would not have occurred but for the protected activity by the shop steward. (ALJ Blassman, U-21063, 12/15/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, COLUMBIA COUNTY LOCAL 811, NEW LEBANON CENTRAL SCHOOL DISTRICT UNIT 650800 AND NEW LEBANON CENTRAL SCHOOL DISTRICT. A charge that a unit bus driver was removed from service for three days due to his filing of a grievance about a driving assignment was dismissed. The superintendent, who was alleged to have been improperly motivated, was found to have ordered the employee out of service based upon her belief that safety concerns once raised, as in the employee's grievance, required a pro-active employer response. (ALJ Comenzo, U-21424, 12/15/00)

SARA-ANN FEARON AND UNITED FEDERATION OF TEACHERS AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. A charge alleging that the UFT violated §209-a.2(c) of the Act when it failed to respond to Fearon's request for representation at a grievance hearing was dismissed upon Fearon's testimony that the UFT did represent her and upon her request for dismissal of the charge. (ALJ Blassman, U-21203, 12/20/00)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFSCME, AFL-CIO, LOCAL 1635 AND CITY OF ROCHESTER. An improper practice charge, alleging that the City violated the Act when it subcontracted out bargaining unit work to "temporary" and "seasonal" employees, was conditionally dismissed pending the outcome of the parties' grievance on the same matter. (ALJ Kaufman, U-20980, 12/21/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ALBANY COUNTY LOCAL 801, DEPARTMENT OF GENERAL SERVICES UNIT AND COUNTY OF ALBANY. An improper practice charge alleging that the County violated §209-a.1(d) of the Act when it gave a floating holiday, instead of overtime pay and holiday pay, to two security guards who had voluntarily worked on the Columbus Day holiday was conditionally dismissed because the same matter is continuing through the steps of the parties' negotiated dispute resolution procedure. (ALJ Barsamian, U-22131, 12/21/00)

MICHAEL W. CIOCE AND WESTCHESTER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION. The Assistant Director dismissed as deficient Cioce's charge that the Association improperly failed to pursue grievances on his behalf. The charge was untimely as to conduct more than four months before it was filed and a failure to respond to a request that a grievance be filed within seven workdays of the request does not, in itself, evidence that the grievance will not be pursued or that the request will not receive a response within a reasonable time. (Assistant Director Toomey, U-22166, 12/21/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND TOWN OF HEMPSTEAD. CSEA filed a charge alleging that the Town violated §209-a.1(d) of the Act when, contrary to established practice, it required a seasonal employee, who had left work during the workday due to illness, to produce a doctor's note upon his return to work. Upon the parties' agreement, the matter was conditionally dismissed pursuant to PERB's merits deferral policy. (ALJ Blassman, U-21935, 11/1/00)

MARTIN FREEDMAN AND UNITED FEDERATION OF TEACHES AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Director dismissed as deficient Freedman's charge that the UFT engaged in stalling tactics in processing grievances and was working with the Board of Education to get rid of him. The facts pled demonstrated, at best, a delay and mistake in processing grievances and possible inadequate service when he visited a UFT office to file several grievances. However, they did not evidence arbitrary, discriminatory or bad faith conduct by UFT nor support his assertion that there was collusion to get rid of him. (Director Klein, U-22029, 11/2/00)

COUNTY OF ONONDAGA AND ONONDAGA COUNTY SHERIFF. A charge alleging that the County violated §209-a.1(d) of the Act when it unilaterally discontinued cafeteria services prior to ten o'clock in the morning was deferred to the parties' contractual grievance arbitration procedure. (ALJ Doerr, U-21650, 11/6/00)

STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES) AND NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. A charge alleging that State violated the Act by unilaterally requiring corrections officers at the Collins Correctional Facility to obtain and provide a doctor's note certifying the need for sick leave if the leave was to be used on December 24, 25, or 31, 1999, or January 1, 2000, was deferred to the grievance procedure under PERB's merits deferral policy where union had pending grievances regarding dispute under the terms of expired agreement. (ALJ Quinn, U-21589, 11/6/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, LOCAL 846 AND CITY OF SARATOGA SPRINGS. In an interim decision, the ALJ conditionally dismissed that portion of the improper practice charge which alleged that the union president had been unilaterally removed from the weekend overtime rotation, pending the outcome of CSEA's grievance on the same matter. Those causes of action within the charge which alleged violations of §209-a.1(a) and (c) of the Act were forwarded for further processing. (ALJ Mayo, U-22039, 11/20/00)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES - QUEENSBORO CORRECTIONAL FACILITY). An improper practice charge alleging that the State had violated §209-a.1(d) of the Act by unilaterally changing the long-standing practice and policy of allowing unit members an eight-hour "early out" and limiting said "early outs" to two hours was dismissed by the ALJ as untimely filed. (ALJ Mayo, U-21719, 11/22/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES - BUTLER CORRECTIONAL FACILITY). The State's motion to dismiss CSEA's charge that the State improperly transferred exclusive unit work - snowplowing - at the Butler Correctional Facility to inmates was granted. Snowplowing was performed by inmates at other correctional facilities and CSEA failed to establish any relationship between snowplowing and each facility at which it was done. Thus, no discernible boundary existed around the snowplowing performed at the Butler facility. (Assistant Director Toomey, U-20015, 10/3/00)

MARTIN FREEDMAN AND UNITED FEDERATION OF TEACHERS AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. Freedman's September 1 charge that the UFT had failed to respond to his request, mailed on August 14, to initiate a grievance on his behalf was dismissed as deficient. Freedman had pled no facts which would establish that the failure to respond to his request within two and one-half weeks after it was mailed was arbitrary, discriminatory or in bad faith. (Director Klein, U-21940, 10/4/00)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). A charge alleging that a lieutenant within the bargaining unit violated §§209-a.1(a) and (c) by statements he made to a sergeant within the unit on June 25, 1999, was dismissed upon a finding that the supervisory comments were unrelated to any protected activity and that the remaining comments, even if made, were an expression of opinion and a personal response. (ALJ Comenzo, U-20232, 10/4/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 100, AFSCME, AFL-CIO, DEPEW UNION FREE SCHOOL DISTRICT UNIT, ERIE COUNTY EDUCATIONAL LOCAL 868 AND DEPEW UNION FREE SCHOOL DISTRICT. The improper practice charge, alleging that the District violated the Act when it changed the unit president's work location and shift assignment due to his engagement in union activities, was dismissed for failure to establish that the changes were due to anti-union animus. (ALJ Fitzgerald, U-21507, 10/12/00)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). An improper practice charge alleging that the State violated the Act by unilaterally imposing new personal grooming standards upon unit members was conditionally dismissed and deferred to the grievance procedure of the parties' expired collective bargaining agreement. (ALJ Mayo, U-21522, 10/17/00)

JOEL FREDERICSON AND NEW YORK CITY TRANSIT AUTHORITY. A motion to dismiss charge was granted based on broad, yet unambiguous waiver contained in a settlement stipulation resolving disciplinary grievances upon which the charge was founded. The charge, filed in March 1999, was dismissed as to 1996 issuance of disciplinary notice despite the fact that an arbitration panel did not issue final decision on said notice until December 1998. Since the charge before PERB alleged that the issuance of the disciplinary notice was a retaliatory act, the four-month statute of limitations commenced when the notice was issued. If the arbitration panel had dismissed the disciplinary charges, that would not have destroyed the action before PERB; so, too, the panel's upholding of the charge does not toll the statute of limitations. (ALJ Cacavas, U-20779, 10/23/00)

KENJAEV JOULDACH AND INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 237, AFL-CIO AND NEW YORK CITY TECHNICAL COLLEGE OF THE CITY UNIVERSITY OF NEW YORK. A charging party's failure to attend scheduled hearing or to attempt to contact Administrative Law Judge to request adjournment or explain his absence resulted in dismissal of charge. Communications sent to party at the address of record via first class mail, if not returned, are assumed to be delivered. (ALJ Cacavas, U-21657, 10/24/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, BELLMORE SCHOOL UNIT, NASSAU EDUCATIONAL LOCAL 865 AND BELLMORE UNION FREE SCHOOL DISTRICT. CSEA alleged that the District violated the Act when, contrary to past practice, it paid a newly hired teaching assistant a higher salary than that provided for at the first step of the contractual salary schedule. The ALJ sustained the charge, finding that a uniform and long-standing practice existed of paying newly hired teaching assistants on the first step of the salary schedule, irrespective of teaching or other prior work experience. An isolated instance of a variation in practice, under unique circumstances, was found not to defeat the twelve-year practice. The ALJ rejected the District's argument that the failure to prove that a uniform practice existed regarding other unit titles defeated the practice. (ALJ Blassman, U-21384, 10/31/00)

PATRICK MICHAEL FLYNN AND WILLIAM FLOYD UNITED TEACHERS, LOCAL 1568 AND WILLIAM FLOYD UNION FREE SCHOOL DISTRICT. Flynn alleged that Local 1568 violated §209-a.2(c) of the Act when it refused to file a grievance on his behalf or appeal his grievance to arbitration. The charge was dismissed for failure to prove that Local 1568's actions were arbitrary, discriminatory or taken in bad faith. A determination not to proceed with an action upon the good faith belief that it lacks merit does not violate the duty of fair representation. The president of Local 1568 did not act arbitrarily or in bad faith when he disagreed with Flynn's interpretation of the relevant contract provision. Nor was the Local president required to agree with the evidence that Flynn presented to him to support his interpretation of the contract, since the evidence did not demonstrate that "the only possible conclusion" was to agree with Flynn's interpretation of the contract. (ALJ Blassman, U-20783, 9/8/00)

SONNY L. PETERMAN AND NEW YORK CITY TRANSIT AUTHORITY. The Director dismissed Peterman's charge because, as an individual, he lacked standing to allege a violation of §209-a.1(e) of the Act. (Director Klein, U-21838, 9/14/00)

WESTCHESTER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION, INC. AND COUNTY OF WESTCHESTER AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). The ALJ dismissed a charge that the County had unilaterally subcontracted the formerly exclusive bargaining unit work of guarding State inmates/patients at the County Medical Center to State COs. The plain language of Correction Law §23(2) specifically reserves said duties to State COs and said statutory scheme exempts these duties from collective bargaining. (ALJ Mayo, U-21137, 9/18/00)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). Charge alleging that State violated §209-a.1(d) deferred under PERB's merits-deferral policy where conduct at issue, change in work shift, was arguably prohibited under terms of expired agreement, unless sufficient notice was given to affected employees. Whether contract in fact prohibited shift change, or whether sufficient notice had been given to affected employees so as to defeat the contractual source of right are matters for the arbitrator to decide. (ALJ Quinn, U-21568, 9/21/00)

HERBERT L. LEVY AND PUBLIC EMPLOYEES FEDERATION. Levy's charge that PEF violated its duty of fair representation by refusing to represent him in a proceeding to vacate an arbitrator's award was dismissed as deficient. The facts pled established a mere disagreement with PEF's judgment that there were insufficient grounds to do so; such a disagreement does not establish the violation alleged. (Director Klein, U-21900, 9/22/00)

NORMAN JONES AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES - ARTHUR KILL CORRECTIONAL FACILITY) AND NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC.) The Director dismissed Jones' charge as deficient. An individual lacks standing to allege a violation of §209-a.1(e) of the Taylor Law and Jones failed to plead specific facts which would establish that the union's denial of his request for representation in a grievance was arbitrary, discriminatory or in bad faith. (Director Klein, U-21925, 9/22/00)

RANDOLPH D. DRAKES AND PUBLIC EMPLOYEES FEDERATION AND STATE OF NEW YORK (BANKING DEPARTMENT). Drakes' charge that PEF improperly handled a grievance was dismissed by the Director as deficient. It was untimely as to conduct by PEF which occurred more than four months before it was filed; that Drakes waited to file until completion of the grievance process does not affect timeliness. As to timely conduct, the facts pled demonstrated only a disagreement over grievance processing, not arbitrary, discriminatory or bad faith conduct by PEF. (Director Klein, U-21826, 9/25/00)

CONNETQUOT CLERICAL ASSOCIATION, INC. AND CONNETQUOT CENTRAL SCHOOL DISTRICT OF ISLIP. The Association alleged that the District violated §209-a.1(d) of the Act when it unilaterally changed the past practice of paying unit employees up to thirty days of accrued vacation leave upon their separation from the District. The ALJ sustained the charge, finding that the Association's mere silence, in the face of the superintendent's announcement regarding a retirement incentive package and restrictions to be imposed upon participation, could not be construed as consent. (ALJ Blassman, U-21086, 9/26/00)

CRAIG COVINO AND COUNTY OF NASSAU AND SUPERIOR OFFICERS ASSOCIATION OF THE POLICE DEPARTMENT OF THE COUNTY OF NASSAU, INC. Covino alleged that, in retaliation for his decision to be represented in a disciplinary hearing by privately retained counsel instead of the SOA, the County denied his contractual grievance in violation of §§209-a.1(a) and (c) of the Act. In a consolidated charge, Covino alleged that the SOA violated §§209-a.2(a) and (c) of the Act when it improperly consented to an extension of the contractual limitation period for the issuance of disciplinary determinations and refused to appeal his contractual grievance to nonbinding arbitration. The charge against the County was dismissed for failure to prove that the County acted, as alleged, in retaliation for his decision to refrain from exercising his right to participate in the SOA. The charge against the SOA was similarly dismissed for failure to prove that the SOA's actions were arbitrary, discriminatory or taken in bad faith or were taken because of Covino's exercise of protected rights. The Association was not bound to appeal Covino's grievance when it in good faith believed that the grievance was without merit. The ALJ discussed, but did not reach the question of, whether Covino's refusal to accept the SOA's representation in a disciplinary proceeding constituted protected activity under the Act. (ALJ Blassman, U-21028 & U-21029, 9/29/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND COUNTY OF ALBANY. The County was found to have violated the Act when it unilaterally directed that a one full hour lunch period, of which one-half hour was paid and one-half hour was unpaid, previously enjoyed by maintenance employees and tradesmen in its Department of General Services, would be without pay. Rejecting defenses of management right and reverter to language contained in an extant collective bargaining agreement between the parties, the ALJ sustained CSEA's position that the charges extended the workday by thirty minutes contrary to past practice. (ALJ Barsamian, U-21592, 8/1/00)

BRIAN J. FARRELL AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND COUNTY OF NASSAU. Farrell alleged that CSEA violated §209-a.2(c) of the Act when it withdrew its agreement to represent Farrell in a court proceeding. The charge was dismissed for failure to prove that CSEA's actions were arbitrary, discriminatory or taken in bad faith. A determination not to proceed with an action upon the good faith belief that it lacks merit does not violate the duty of fair representation. Nor does a mere delay in initiating a court proceeding establish a violation. (ALJ Blassman, U-20256, 8/9/00)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). The Director dismissed as deficient a charge asserting that the State improperly changed its pat frisk policy to allow supervision of such frisks by nonuniformed personnel, holding that the assignment of duties to supervisors is not a term and condition of employment of those being supervised. (Director Klein, U-21825, 8/11/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ONONDAGA COUNTY PROBATION UNIT 7800-04 OF ONONDAGA COUNTY LOCAL 834 AND COUNTY OF ONONDAGA. The Employer was found to have violated §§209-a.1(a) and (c) of the Act when it removed the unit president from his job assignment due to an e-mail he sent to unit members regarding a pending grievance. (ALJ Comenzo, U-20922, 8/18/00)

POLICE BENEVOLENT ASSOCIATION OF SOUTHAMPTON TOWN, INC. AND TOWN OF SOUTHAMPTON. The ALJ held that the mandatory terms of an expired interest arbitration award cannot be unilaterally changed by an employer. Relying upon and in agreement with Town of Blooming Grove, 33 PERB ¶4581, the ALJ concluded that Board precedent led to this conclusion and that it would undermine the purposes of the Act to permit mandatory terms and conditions of employment to be unilaterally changed. (ALJ Maier, U-21088, 8/23/00)

MARVIN V. SANFORD AND BUFFALO POLICE BENEVOLENT ASSOCIATION AND CITY OF BUFFALO, RICHARD D. WOODS AND BUFFALO POLICE BENEVOLENT ASSOCIATION AND CITY OF BUFFALO, JOHNNIE A. FRITZ, JR., AND BUFFALO POLICE BENEVOLENT ASSOCIATION AND CITY OF BUFFALO, TOMAR HUBBARD AND BUFFALO POLICE BENEVOLENT ASSOCIATION AND CITY OF BUFFALO, BRADFORD PITTS AND BUFFALO POLICE BENEVOLENT ASSOCIATION AND CITY OF BUFFALO, AND ROBERT W. YEATES AND BUFFALO POLICE BENEVOLENT ASSOCIATION AND CITY OF BUFFALO. The Buffalo Police Benevolent Association was found to have violated its duty of fair representation to the charging parties when it disseminated false and misleading information to its membership, and when it intervened in an Article 78 action filed by the charging parties in Supreme Court and asserted a position in direct opposition to that which it had previously held out to its members regarding related grievance proceedings, to the detriment of the charging parties. (ALJ Fitzgerald, U-20907, U-20987, U-21001, U-21005, U-21006, U-21010, 8/24/00)

CHARLES ASAMOAH AND TRANSPORT WORKERS UNION, LOCAL 100 AND NEW YORK CITY TRANSIT AUTHORITY AND GODWIN BROWNE AND TRANSPORT WORKERS UNION, LOCAL 100 AND NEW YORK CITY TRANSIT AUTHORITY. Allegation that union breached its duty of fair representation when it applied membership rule to employee which resulted in a loss of his division seniority was dismissed where proof failed to show that union acted arbitrarily, discriminatorily or in bad faith. The union's failure to advise members that their participation in a training program would remove them from the unit and result in a loss of seniority, even if proved, does not establish a violation of the Act absent a showing of bad faith. Affirmative defense of collateral estoppel is not applicable where there is no identity of specific issue underlying improper practice charge and there was no full and fair opportunity for the charging party to litigate the claim in the earlier proceeding. Also, charge alleging that union violated the Act was dismissed for failure to prosecute where charging party made no contact with PERB subsequent to the pre-hearing conference on his case and failed to appear at the hearing. (ALJ Cacavas, U-20785 and U-20852, 8/24/00)

CITY OF NIAGARA FALLS AND NIAGARA FALLS POLICE CAPTAINS AND LIEUTENANTS ASSOCIATION. The Association was ordered to withdraw two contract proposals included in its petition for compulsory interest arbitration after a finding that they were both nonmandatory in nature. (ALJ Doerr, U-21688, 8/28/00)

DORR GLOVER AND VILLAGE OF BELMONT AND TEAMSTERS, LOCAL 317, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO. Where the Village altered the status quo by unilaterally changing the compensation system which had been in place for years, during the pendency of a certification petition, it was found to have violated §209-a.1(a) and (c) of the Act. (ALJ Fitzgerald, U-21162, 8/29/00)

JAMES ISRAEL AND STATE OF NEW YORK (OFFICE OF CHILDREN AND FAMILY SERVICES). In an interim decision, the ALJ determined that the charge had not been rendered moot by the parties' resolution of the related injunctive relief request, as said resolution did not address in any fashion any adverse impact on the charging party of the employer's implementation of the alleged order prior to the resolution. (Interim decision, ALJ Comenzo, U-21493, 8/29/00)

RICHARD LATSHAW AND TOWN OF CHEEKTOWAGA EMPLOYEE'S ASSOCIATION AND TOWN OF CHEEKTOWAGA. Latshaw's charge was dismissed as deficient because the facts pled established only a disagreement with the Association as to the merits of his grievance, which is insufficient basis for a finding of a violation of the duty of fair representation. (Director Klein, U-21853, 8/30/00)

LOCAL 459, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO AND JAMESTOWN BOARD OF PUBLIC UTILITIES. An improper practice charge, alleging that the Board violated the Act when it unilaterally changed the work hours for a unit position, was conditionally dismissed pending the outcome of Local 459's grievance on the same matter. (ALJ Fitzgerald, U-21652, 7/20/00)

SCHENECTADY POLICE BENEVOLENT ASSOCIATION AND CITY OF SCHENECTADY. The Association's charge that the City violated the Act when it unilaterally placed a police officer on sick leave pursuant to the Federal Family and Medical Leave Act was deferred to the grievance procedure of the parties' expired collective bargaining agreement. (ALJ Barsamian, U-21698, 7/20/00)

CITY OF WHITE PLAINS AND POLICE BENEVOLENT ASSOCIATION OF THE CITY OF WHITE PLAINS, INC. The Assistant Director found three demands presented by the PBA for interest arbitration to be nonmandatory subjects of negotiation. One demand was for procedures relating to criminal investigations. Another demand would have precluded the City from denying requests for overtime work. The third demand sought to allow employees on maternity leave of longer than sixty days to accrue vacation time. A demand by the City that would have waived a police officer's rights under §58.4(c) of the Civil Service Law to be designated as a detective after serving eighteen months in a temporary assignment as a detective was also found to be nonmandatory. (Assistant Director Toomey, U-21488 & U-21525, 7/25/00)

SEWANHAKA FEDERATION OF TEACHERS AND SEWANHAKA CENTRAL HIGH SCHOOL DISTRICT. The SFT alleged that the District violated §209-a.1(a), (b) and (c) of the Act when it retaliated against a teacher who was an SFT officer and grievance chairperson for filing grievances and engaging in other protected activity. The alleged violation of §209-a.1(b) of the Act was dismissed for failure of proof. The alleged violations of §209-a.1(a) and (c) of the Act were dismissed for failure to prove that the District would not have taken the complained of action but for the teacher having engaged in protected activity. The SFT was estopped from relitigating issues determined in a §3020-a Education Law proceeding; the SFT was found to be in privity with the teacher, which warranted the application of collateral estoppel against the SFT. (ALJ Blassman, U-15578, 7/25/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ULSTER COUNTY LOCAL 856, TOWN OF SHAWANGUNK UNIT AND TOWN OF SHAWANGUNK. Upon remand, the ALJ dismissed a charge that the Town had violated the Act when it unilaterally changed a long-standing past practice of paying health insurance premiums for unit members upon their retirement. Upon the stipulated record, the ALJ found that no such past practice existed and, as a result, no violation could be found. (ALJ Mayo, U-19740, 7/10/00)

CITY OF TROY AND TROY UNIFORMED FIREFIGHTERS' ASSOCIATION, LOCAL 2304, IAFF, AFL-CIO. The Assistant Director determined that a demand to change a contractual minimum manning provision was mandatorily negotiable under the "conversion theory of negotiability" adopted by the Board in City of Cohoes, 32 PERB ¶3020 (1998), which applies even during reopener negotiations under an existing contract. (Assistant Director Toomey, U-21389, 7/26/00)

ROSEANNE LEGRAND, JEANNETTA WALSH, CYNTHIA DICKSTEIN AND COUNCIL OF SUPERVISORS AND ADMINISTRATORS OF THE CITY OF NEW YORK, LOCAL 1, AFL-CIO. The Director dismissed three identical charges, finding that the facts asserted in each did not establish that any delay in implementation of a contractual side-agreement was attributable to the union, much less that it was arbitrary, discriminatory or in bad faith. The union's refusal to send a reply to letters which had no return addresses was held not to be unreasonable. (Director Klein, U-21730, U-21732, U-21733, 7/27/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, STEUBEN COUNTY LOCAL 851, COUNTY EMPLOYEES UNIT AND COUNTY OF STEUBEN. The County of Steuben was ordered to rescind certain directives changing an established past practice with regard to permissible attire at its landfill sites. An additional claim that there was a similar standard at the County's office building was not proven by the CSEA and that aspect of the charge was dismissed. (ALJ Kaufman, U-21178, 7/27/00)

VILLAGE OF HERKIMER AND CHARLES W. SOULE POLICE BENEVOLENT ASSOCIATION. The union violated the Act by refusing to sign a collective bargaining agreement that incorporated the terms of a memorandum of agreement that the parties entered and ratified. That the employer later entered into a contract with another union containing more favorable benefits, despite prior practice, did not relieve the union of its duty to sign the agreement that it negotiated. Likewise, that negotiations were reopened concerning certain issues did not extinguish the union's duty to sign the underlying agreement. The union's subsequent dissatisfaction with its agreement was no excuse. (ALJ Quinn, U-21376, 7/27/00)

GRADUATE STUDENT EMPLOYEES UNION AND STATE OF NEW YORK (STATE UNIVERSITY OF NEW YORK AT STONY BROOK). An improper practice charge alleging that the State had violated §209-a.1(d) of the Act by unilaterally rescinding the policy of academic freedom for teaching assistant by reassigning two teaching assistants due to their use of "a syllabus and assigned readings which were considered controversial" was dismissed on a finding that academic freedom is not a term and condition of employment under the Act. (ALJ Comenzo, U-20890, 7/28/00)

CHARLES ROBERTS, CSEA LOCAL 425 AND STATE OF NEW YORK (WESTERN NEW YORK DDSO). Roberts' charge was dismissed as deficient because the required number of copies was not filed, the original was not properly sworn, although violations of §209-a.1 were alleged, his employer was not named as a respondent, and the facts pled were conclusory in nature and failed to establish the violations alleged. (Director Klein, U-21802, 7/31/00)

JULIUS KELLY AND NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). Kelly's charge was dismissed by the Director since he failed to plead facts which would establish that the Association's judgment that his grievance lacked merit was arbitrary, discriminatory or in bad faith. (Director Klein, U-21809, 7/31/00)

WILLIAM P. GILLESPIE AND TWU, AFL-CIO. The Director dismissed a charge that the TWU violated the Act because the charge identified no conduct by the TWU, much less wrongful conduct, and PERB lacks jurisdiction over "unfair" arbitration awards. (Director Klein, U-21674, 5/25/00)

SUPERIOR OFFICERS ASSOCIATION OF THE POLICE DEPARTMENT, COUNTY OF NASSAU, NEW YORK, INC. AND COUNTY OF NASSAU. The allegation that the County violated the Act when it unilaterally discontinued payment of a clothing allowance to the commanding officers of the traffic safety unit was dismissed where the County was found to have satisfied its duty under the Act pursuant to the terms of a negotiated provision in the parties' collective bargaining agreement. Payment of a clothing allowance to one of several prior commanding officers, under circumstances not fully revealed at the hearing, does not constitute a practice. Yet, even if a practice had been established by the evidence, the employer is entitled to revert to the terms of its collective bargaining agreement. (ALJ Cacavas, U-19853, 5/24/00)

PORT JEFFERSON ADMINISTRATORS ASSOCIATION, SCHOOL ADMINISTRATORS ASSOCIATION OF NEW YORK STATE AND PORT JEFFERSON UNION FREE SCHOOL DISTRICT. The ALJ held that the District violated §209-1(d) of the Act by unilaterally imposing a sign-in, sign-out requirement on a unit employee who was the subject of an Education Law §3020-a proceeding. He dismissed, however, that portion of the charge alleging a violation of the Act due to a change in her work location. Additionally, he dismissed a notice of claim defense finding that, based upon Deposit Central School District, there had been substantial compliance with the requirements of Education Law §3813. (ALJ Maier, U-21128, 5/18/00)

MT. MARKHAM TEACHERS ASSOCIATION, NYSUT/AFT #2851 AND MT. MARKHAM CENTRAL SCHOOL DISTRICT. The charge, alleging various unilateral changes in the parties' contractual health insurance plan, was deferred to the parties' expired collective bargaining agreement, which contains a grievance procedure ending in binding arbitration. (ALJ Comenzo, U-19933, 5/17/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, LOCAL 1000, AFSCME, AFL-CIO AND TOWN OF SMITHTOWN. An allegation that Town violated the Act by unilaterally changing health insurance prescription plan benefits was conditionally dismissed and deferred to the parties' contractual grievance-arbitration procedures. (ALJ Cacavas, U-21548, 5/16/00)

TRANSIT AUTHORITY POLICE BENEVOLENT ASSOCIATION, INC. AND NIAGARA FRONTIER TRANSPORTATION AUTHORITY. The improper practice charge, alleging that the NFTA violated the Act when it unilaterally filled the position of revenue officer without posting the position for seniority bid in violation of past practice, was conditionally dismissed in deference to a pending contractual grievance on the matter. (ALJ Fitzgerald, U-21401, 5/12/00)

VESTAL POLICE BENEVOLENT ASSOCIATION, INC. AND TOWN OF VESTAL. The charge of a unilateral change in unit employees' health insurance benefits was deferred to the grievance filed under the parties' expired collective bargaining agreement. (ALJ Comenzo, U-21557, 5/12/00)

MONROE COUNTY SHERIFF POLICE BENEVOLENT ASSOCIATION AND COUNTY OF MONROE AND MONROE COUNTY SHERIFF. The employer was found to have violated §209-a.1(a) and (c) of the Act when it rescinded the employees' use of County-owned vehicles for travel to and from work in retaliation for the Association's exercise of protected activity. So much of the charge that pled a violation of §209-a.1(d) was dismissed on a finding that the grant of the use of the cars was conditional. (ALJ Doerr, U-20786, 5/12/00)

DOROTHY AUSTIN AND LOCAL 650, AFSCME. The Director dismissed as untimely a charge, filed on April 14, 2000, that on November 24, 1999, the Local improperly refused to represent Austin, or pay her legal fees for private counsel, in her termination proceedings. Although the hearing, and her ultimate termination, occurred within the four-month period preceding the filing of the charge, the harm to her, and the start of the four-month filing period, occurred on the date of refusal. Moreover, Austin failed to plead facts evidencing that the refusal was arbitrary, discriminatory or in bad faith. (Director Klein, U-21630, 5/11/00)

ROBERTA LEON AND UNITED FEDERATION OF TEACHERS AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. Leon alleged that the UFT violated §209-a.2(a) and (c) of the Act when it failed to represent her in an appeal of her termination from employment with the District and when it failed to respond to her inquiries. The charge was dismissed for failure to prosecute and timely provide information as directed by the Administrative Law Judge. (ALJ Blassman, U-11801, 5/11/00)

JOHN THOMAS MCANDREW AND PORT JERVIS CITY SCHOOL DISTRICT. The Director dismissed the charge that the District interfered with and retaliated against charging party because his offer of proof would not support a finding that the complained of actions would not have occurred "but for" his protected activity. (Director Klein, U-21286, 5/10/00)

MOHAWK TEACHERS ASSOCIATION, NYSUT/AFT #2838 AND MOHAWK CENTRAL SCHOOL DISTRICT; RICHFIELD SPRINGS FACULTY ASSOCIATION, NYSUT/AFT #3541 AND RICHFIELD SPRINGS CENTRAL SCHOOL DISTRICT; HERKIMER FACULTY ASSOCIATION, NYSUT/AFT #2721 AND HERKIMER CENTRAL SCHOOL DISTRICT; DOLGEVILLE TEACHERS ASSOCIATION, NYSUT/AFT #2604 AND DOLGEVILLE CENTRAL SCHOOL DISTRICT; MOHAWK EMPLOYEES UNION, NYSUT/AFT #4356 AND MOHAWK CENTRAL SCHOOL DISTRICT; ILION TEACHERS ASSOCIATION, NYSUT/AFT #2746 AND ILION CENTRAL SCHOOL DISTRICT; REMSEN TEACHERS ASSOCIATION, NYSUT/AFT #2951 AND REMSEN CENTRAL SCHOOL DISTRICT; HERKIMER COUNTY BOCES TEACHERS ASSOCIATION, NYSUT/AFT #2720 AND HERKIMER COUNTY BOARD OF COOPERATIVE EDUCATIONAL SERVICES. The charges were deferred to the grievance procedures of the parties' collective bargaining agreements, which were in effect when the alleged changes in the unit employees' health insurance benefits occurred. (ALJ Comenzo, U-19931, U-19932, U-19934, U-19942, U-19943, U-19944, U-19951, U-19952, 5/9/00)

MICHAEL ISMALI AND UNITED FEDERATION OF TEACHERS, LOCAL 2, AFT, AFL-CIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. Allegation that union breached its duty of fair representation when it refused to take two grievances to arbitration was dismissed where proof failed to show that union decision was arbitrary, discriminatory or in bad faith. (ALJ Cacavas, U-20982, 5/9/00)

MICHAEL RAMSEY AND COUNCIL 82, AFSCME, AFL-CIO. The Director dismissed Ramsey's charge that Council 82 failed to fairly represent him, finding that he failed to file the required number of copies, it was untimely, he did not plead specific facts to support his conclusory allegations of improper conduct, and Council 82 was not his bargaining agent. (Director Klein, U-21610, 5/1/00)

RONALD GRASSEL AND UNITED FEDERATION OF TEACHERS, LOCAL 2, AFT, AFL-CIO AND NEW YORK STATE UNITED TEACHERS. The motion to dismiss the charge against the union for alleged breach of the duty of fair representation was granted where the offer of proof showed no evidence of arbitrary, discriminatory or bad faith conduct and, in fact, supported the union's claim that its representation of the member was terminated for his failure to cooperate.

An offer of proof's unspecified comments allegedly made by a union attorney nine months before he undertook representation of a member does not provide the required nexus for concluding that the union's decision to withdraw was motivated by an alleged disapproval by the attorney of a prior claim brought by the member.

An allegation by a union member that the union attorney's withdrawal from case breached the duty of fair representation because it allegedly violated New York's Code of Professional Responsibility is erroneous. A breach of the duty of fair representation action is brought against the union, to which the Code of Professional Responsibility does not apply. Furthermore, even if the Code were applicable to the action before PERB, a violation of its mandates does not constitute a violation of the Act. (ALJ Cacavas, U-20569, 5/1/00)

UTICA PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 32, IAFF, AFL-CIO, AND CITY OF UTICA. The ALJ found that a confrontation between the unit president and the City's public safety commissioner over the unit president's attempted delivery of a letter, which spoke to certain terms and conditions of employment, was protected activity. Therefore, when the City preferred disciplinary charges against the unit president as a result of the incident, its conduct violated §209-a.1(a) and (c) of the Act. (ALJ Mayo, U-20924, 5/1/00)

VANESSA HOLMES BEY AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO. Bey's charge was dismissed by the Director because it was untimely in many aspects, failed to specify the conduct at-issue, and pled no facts which would demonstrate arbitrary, discriminatory or bad faith conduct or conduct otherwise in violation of §209-a.2(a) of the Act. (Director Klein, U-21602, 5/1/00)

DAVID ROEMER AND UNITED FEDERATION OF TEACHERS. The Director dismissed Roemer's charge because it was untimely in almost all respects, holding that his use of alternative means to seek redress did not extend the four-month period for filing a charge. As to the remaining allegations, Roemer pled no facts to establish that UFT's refusal to pay his legal expenses for pursuing those alternative means was arbitrary, discriminatory or in bad faith and failed to provide factually specific support for his conclusory allegations. (Director Klein, U-21634, 5/1/00)

VANESSA HOLMES BEY AND METROPOLITAN TRANSPORTATION AUTHORITY. Bey's charge that the Authority violated the Act by taking adverse personnel actions against her was dismissed by the Director because it was untimely filed and/or failed to allege facts to establish improper motivation by the Authority. (Director Klein, U-21601, 4/28/00)

TERESA ORR AND STATE OF NEW YORK (STATE INSURANCE FUND) AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. Orr's charge was dismissed by the Director because she failed to plead any facts which would establish that the State's suspension of her was improperly motivated or that her CSEA attorney's advice that she should resign was arbitrary, discriminatory or in bad faith. (Director Klein, U-21596, 4/26/00)

LOCAL 456, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, WAREHOUSEMEN AND HELPERS OF AMERICA AND TOWN OF HARRISON. A charge that the employer unilaterally changed the health insurance plan for unit employees was deferred to a grievance filed pursuant to the grievance procedure of the parties' expired collective bargaining agreement, which ends in binding arbitration. (ALJ Comenzo, U-21563, 4/25/00)

NEW YORK STATE CORRECTIONAL OFFICER AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES - BAYVIEW CORRECTIONAL FACILITY). A charge alleging that the State violated the Act when it unilaterally reduced to two days a practice and policy of making available three "incidental days" to correctional officers at Bayview Correctional Facility was deferred to the parties' contractual grievance procedure. (ALJ Barsamian, U-21565, 4/25/00)

LARRY J. WOODWARD AND PUBLIC EMPLOYEES FEDERATION. Woodward's charge that PEF violated §209-a.2(c) of the Act by refusing to file an improper practice charge on his behalf was dismissed by the Director because it was unsworn and because the facts pled indicated only his disagreement with PEF as to the merits of his proposed charge. They did not demonstrate arbitrary, discriminatory or bad faith conduct by PEF. (Director Klein, U-21608, 4/21/00)

CAROLE ORLEMAN AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AND UNITED FEDERATION OF TEACHERS. The Director dismissed Orleman's charge because she failed to satisfy PERB's filing rules and because the facts pled did not demonstrate improper motivation for any of the District's actions or that UFT was arbitrary, discriminatory or in bad faith in refusing to provide her assistance. (Director Klein, U-21593, 4/21/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, NYS DEPARTMENT OF TRANSPORTATION AND STATE OF NEW YORK (DEPARTMENT OF TRANSPORTATION). A charge that the employer unilaterally deducted money from a unit employee's paycheck during the life of the parties' collective bargaining agreement, in contravention of its policy of allowing the taking of "sick leave during normal work hours when the time accrued was considered overtime hours" was deferred to the parties' contractual grievance procedure. (ALJ Comenzo, U-21428, 4/19/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES - CAPE VINCENT CORRECTIONAL FACILITY). The ALJ found that the Department of Correctional Services violated the Act when it unilaterally transferred exclusive bargaining unit duties previously performed by a CSEA member to Correction Officers. The ALJ ordered that the core duties previously performed by a CSEA Keyboard Specialist be immediately restored to the unit. (ALJ Mayo, U-20893, 4/18/00)

BRIDGE AND TUNNEL OFFICERS BENEVOLENT ASSOCIATION AND TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. An allegation that the employer violated its bargaining obligation by unilaterally assigning an outside contractor to provide flagman services at bridge construction site was dismissed. The Association failed to meet its burden of demonstrating exclusivity over the claimed work or that the work being performed by the contractor was the same or substantially similar to that done by unit members. (ALJ Cacavas, U-20996, 4/17/00)

KEVIN C. KULESA AND ONEIDA COUNTY DEPUTY SHERIFF'S BENEVOLENT ASSOCIATION AND COUNTY OF ONEIDA. A charge that the bargaining agent withdrew a demand for grievance arbitration in breach of its own by-laws and based upon the fact that the charging party has a heart condition was dismissed, the former pursuant to a motion to dismiss and the latter after a full hearing. No violation of the by-laws was found based upon their language as well as the record evidence of the respondent's practice thereunder. It was also found that the record references to the charging party's physical health did not evidence that that was the basis for the withdrawal of the grievance. (ALJ Comenzo, U-19225, 4/14/00)

SARATOGA COUNTY DEPUTY SHERIFF'S BENEVOLENT ASSOCIATION AND COUNTY OF SARATOGA AND SARATOGA COUNTY SHERIFF. The Association alleged that the employer unilaterally changed the location where unit employees may take lunch breaks and refused demands to negotiate the change and its impact. Upon agreement of the parties, the charge was conditionally dismissed in deference to a pending grievance notwithstanding the fact that the grievance procedure culminates in advisory arbitration. (ALJ Barsamian, U-21547, 4/11/00)

PUBLIC EMPLOYEES FEDERATION, AFL-CIO AND STATE OF NEW YORK (DEPARTMENT OF LABOR). A charge which alleged that the State had unilaterally changed an existing past practice regarding the amount of travel time that is part of the unit employees' workday was deferred to the parties' grievance procedure. (ALJ Mayo, U-21567, 4/6/00)

RICHARD C. WALLIKAS AND BROOME COUNTY SHERIFF'S LAW ENFORCEMENT ASSOCIATION AND COUNTY OF BROOME AND BROOME COUNTY SHERIFF. The charge was dismissed due to the failure of the charging party to appear for the second day of hearing. The charge, alleging that the Union's refusal to proceed with grievances violated the duty of fair representation, was also not supported by the record, which indicated that the respondent followed the legal advice of its counsel on the merits of the grievance in deciding not to proceed. (ALJ Comenzo, U-20810, 4/4/00)

ARLINGTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION, INC., LOCAL 2393 AND ARLINGTON FIRE DISTRICT. A charge which alleged that the District had subcontracted duties previously exclusively performed by unit members to a title outside the bargaining unit was deferred to the parties' grievance procedure. (ALJ Mayo, U-21544, 4/4/00)

GEORGE M. FORRESTER AND STATE OF NEW YORK (DEPARTMENT OF LABOR). Forrester’s charge that the State violated §209-a.2 of the Act was dismissed by the Director because §209-a.2 relates to union violations and no union was named as a respondent or accused of any wrongdoing. The allegations of violations of §209-a.1(d) and (e) were dismissed for lack of standing and those asserting violations of §209-a.2(a), (b), (c) and (f) were dismissed because the elements of those violations were not established by the pleaded facts. (Director Klein, U-21433, 3/1/00)

RIVERHEAD CENTRAL FACULTY ASSOCIATION, NYSUT, AFT, AFL-CIO AND RIVERHEAD CENTRAL SCHOOL DISTRICT. Upon remand by the Board, the ALJ examined the reasons for the transfer of a unit president to another school. Crediting the testimony of the District’s superintendent, he found that the primary reason for the transfer was because the president no longer coached at the school to which she had been assigned, and that a supporting reason for the transfer was because she used release time under the collective bargaining agreement. Since the ALJ did not find that the transfer would have been made but for her union activities, the charge was dismissed. (ALJ Maier, U-20514, 3/2/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., AFSCME, LOCAL 1000, AFL-CIO, LOCAL 640 AND STATE OF NEW YORK (BUFFALO STATE COLLEGE). A charge alleging that the College violated the Act when it unilaterally changed a long-standing practice of providing safety shoes to unit members on a yearly basis by extending the replacement to a bi-annual basis was deferred to the parties’ contractual grievance procedure. (ALJ Mayo, U-21452, 3/2/00)

EILEEN K. TALLON AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AND UNITED FEDERATION OF TEACHERS. EILEEN K. TALLON AND UNITED FEDERATION OF TEACHERS. The Director dismissed Tallon’s charge against the District because she failed to plead facts which would establish improper motivation, which is a necessary element of a violation of §209-a.1(a) of the Act. Moreover, her charge was untimely in great part. Her charges against the Federation were dismissed because she lacked standing to allege a violation of §209-a.2(b), many of the allegations were untimely, and the conclusory allegations made lacked the factual specificity required by the Rules of Procedure. (Director Klein, U-21131 & U-21189, 3/13/00)

VILLAGE OF SAUGERTIES POLICE BENEVOLENT ASSOCIATION AND VILLAGE OF SAUGERTIES. The Assistant Director dismissed several allegations that the Village improperly submitted proposals on nonmandatory subjects to interest arbitration, finding demands on the following subjects to be mandatorily negotiable: seniority as a factor in “preferences of employment;” definition of grievance which extended to all matters covered by the contract, including those which are nonmandatory; a procedure for administration of General Municipal Law (GML) §207-c which included a requirement that employees release medical information which is not related to GML §207-c eligibility, repeated certain statutory requirements, and called for binding arbitration of the Village’s GML §207-c eligibility and light duty determinations. The Assistant Director found that a Village proposal for a family and medical leave of absence policy was nonmandatory and must be withdrawn from arbitration. Although most of the demand was found to be mandatorily negotiable, it was presented as a unitary demand, and because one section of it designated the agent of the Village who would disseminate the policy to employees, a nonmandatory matter, the entire proposal was nonmandatory. (Assistant Director Toomey, U-21119, 3/14/00)

JEFFERSON-LEWIS-HAMILTON-HERKIMER-ONEIDA BOCES ASSOCIATION, NYSUT/AFT, AFL-CIO AND JEFFERSON-LEWIS-HAMILTON-HERKIMER-ONEIDA BOCES. BOCES was found to have violated §209-a.1(d) of the Act by unilaterally increasing by one hour the summer work hours of adult education specialists within the bargaining unit. The allegations that §§209-a.1(a) and (c) of the Act were violated by a statement made by the employer’s representative in response to the charging party’s inquiry about the increase were dismissed, upon a finding that the remark, even if made, constituted no more than an expression of the employer’s opinion that any existence of a summer hour schedule the year before was an unauthorized loss of that work time to the employer. (ALJ Comenzo, U-21050, 3/16/00)

DANIEL M. MANKOWSKI AND PUBLIC EMPLOYEES FEDERATION. The Director dismissed Mankowski’s charge that PEF was not actively pursuing resolution of grievances he had filed more than ten years ago as being untimely. Mankowski should have known within a reasonable period of time after his last contact with PEF, in April 1998, of PEF’s inactivity on his behalf. His charge, filed on February 23, 2000, was not filed within four months thereof. (Director Klein, U-21512, 3/17/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, BROOME COUNTY LOCAL 804, BINGHAMTON/JOHNSON CITY JOINT SEWAGE BOARD UNIT #6153 AND BINGHAMTON/JOHNSON CITY JOINT SEWAGE BOARD. A charge that the Joint Sewage Board violated the Act by unilaterally manipulating individual employee work schedules to establish a rotating shift schedule was deferred to the parties’ contractual grievance procedure. (ALJ Nathan, U-20989, 3/20/00)

UNITED PUBLIC SERVICE EMPLOYEES UNION AND COUNTY OF COLUMBIA. A charge that the County violated a labor/management committee agreement by terminating employee use of facility refrigerators to store lunches was dismissed by the Director as beyond PERB’s jurisdiction. (Director Klein, U-21363, 3/21/00)

CIVIL SERVICE EMPLOYEES’ ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, STEUBEN COUNTY LOCAL 851, COUNTY EMPLOYEES UNIT AND COUNTY OF STEUBEN. An improper practice charge alleging that the County violated the Act when it failed to reassign two public health nurses to their former patient caseloads following thirty-day disciplinary suspensions was dismissed due to the failure to establish that the action was in retaliation for the nurses’ engagement in protected activities. (ALJ Fitzgerald, U-20359, 3/29/00)

PUBLIC EMPLOYEES FEDERATION, AFL-CIO, AND STATE OF NEW YORK. The Assistant Director found that the State Education Department disconnected the SED access of one of its employees, a PEF official, to the agency’s intranet system not because it was against State or agency policy, but because of displeasure with the content of the information he had mass distributed to unit employees. The messages were critical of proposed legislation affecting terms and conditions of employment and of the conduct of the State’s contract negotiators. Holding that the dissemination of such information was protected by the Act, the Assistant Director held that the State’s conduct violated §209-a.1(a) and (c) of the Act. (Assistant Director Toomey, U-20917, 3/29/00)

LOCAL 100, TRANSPORT WORKERS UNION OF GREATER NEW YORK, AFL-CIO AND NEW YORK CITY TRANSIT AUTHORITY. TWU alleged that the Authority violated §209-a.1(a) and (d) of the Act when it served a disciplinary notice upon an employee at his home, in violation of established practice. Upon a pre-hearing motion filed by the Authority and undisputed facts, the ALJ dismissed the charge as untimely filed. TWU’s argument that timeliness should be computed from the date that the penalty was imposed, rather than the date that the disciplinary notice was served, was rejected. TWU’s argument that it did not know that the Authority would implement the penalty was also rejected since the Authority‘s intent was clearly set forth in the notice and there was no allegation that the Authority misled the TWU or caused its uncertainty. (ALJ Blassman, U-20945, 2/2/00)

PUBLIC EMPLOYEES FEDERATION AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). A charge that the State retaliated and discriminated against an employee because he filed three grievances was dismissed because the evidence did not establish either discrimination, retaliation or animus. (ALJ Nathan, U-20298, 2/4/00)

LOCAL 45, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO AND YONKERS PUBLIC SCHOOLS. The ALJ dismissed a charge that the school district had transferred an employee involved in an organizing campaign to another location in order to thwart his organizational efforts. The ALJ found that although the at-issue employee was engaged in protected activities, the supervisor responsible for effecting the transfer had no knowledge of those activities, and a prima facie case was not established by Local 456. (ALJ Mayo, U-20740, 2/7/00)

JOHN THOMAS McANDREW AND PORT JERVIS CITY SCHOOL DISTRICT. Finding that the Superintendent of Schools' refusal to accede to McAndrew’s request to discuss alleged irregularities in a NYS Retirement System delegate election was made in his role under the Education Law to conduct such election, and did not bear upon his employer-employee relationship with McAndrew, the Assistant Director granted the District’s motion to dismiss McAndrew’s charge that the refusal was occasioned by McAndrew's protected activities. (Assistant Director Toomey, U-21054, 2/7/00)

TOWN OF WALLKILL POLICE BENEVOLENT ASSOCIATION AND TOWN OF WALLKILL. The charge that the Town, by memos dated November 16, 1999 and November 19, 1999, imposed a gag order, placed a prohibition upon patrolling of certain major thoroughfares within the Town, and disbanded the police department’s anti-crime unit, was deferred to the parties’ contractual grievance and arbitration procedure in an interim decision. Other claims within the charge were processed further. (ALJ Mayo, U-21303, 2/7/00)

BETHLEHEM POLICE OFFICERS UNION, LOCAL 3364, COUNCIL 82, AFSCME, AFL-CIO AND TOWN OF BETHLEHEM. A charge that the Town unilaterally transferred exclusive unit work to nonunit personnel was deferred to the parties’ contractual grievance procedure. (Assistant Director Toomey, U-21358, 2/7/00)

GINA GROGAN AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. The Director dismissed Grogan’s charge that CSEA violated its duty of fair representation because it consisted of conclusory allegations which lacked factual support sufficient to establish arbitrary, discriminatory or bad faith conduct by CSEA. (Director Klein, U-21422, 2/7/00)

LOCAL 32, IAFF, AFL-CIO-CLC, UTICA PROFESSIONAL FIREFIGHTERS ASSOCIATION AND CITY OF UTICA. Local 32 alleged that the City violated §209-a.1(e) of the Act when it announced that it would cease to comply with contractual terms referencing minimum staffing of apparatus as contained in an expired collective bargaining agreement. The charge was conditionally dismissed in deference to a pending grievance. (ALJ Barsamian, U-20836, 2/17/00)

WESTCHESTER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION, INC. AND COUNTY OF WESTCHESTER. The County was found to have violated the Act when it unilaterally altered the method for handling income tax withholding for correction officers whose Workers’ Compensation and GML 207-c claims were controverted. Withholding monies from salary is a term and condition of employment and is therefore mandatorily negotiable. Further, the statutory and regulatory scheme for withholding allowed the County discretion to withhold taxes or not to withhold taxes at the point of controverting claims for benefits. (ALJ Doerr, U-20707, 2/17/00)

ROXBURY CENTRAL SCHOOL DISTRICT. The charge that the employer unilaterally changed unit employees' dental insurance coverage to a self-insured plan was deferred to the parties’ contractual grievance procedure. (ALJ Comenzo, U-21316, 2/22/00)

JOHN SAMUELSEN AND NEW YORK CITY TRANSIT AUTHORITY. Samuelsen alleged that the Authority violated §209-a.1(a) and (c) of the Act when a supervisor ordered him off a track work site, suspended him, threatened to call the police, and struck him, in retaliation for conducting a union safety inspection. The ALJ dismissed the charge, finding that the supervisor was not motivated by Samuelsen’s union activity, but by his failure to wear the appropriate safety boots. A mere bona fide dispute between Samuelsen and the Authority regarding Samuelsen’s obligation to wear safety boots while performing union functions, absent evidence of improper motivation, cannot form the basis for a violation of the Act. The slight physical contact that occurred between the supervisor and Samuelsen was found to have been accidental, or a spur of the moment reaction, which does not demonstrate improper motivation. (ALJ Blassman, U-20257, 1/5/00).

NEW YORK STATE LAW ENFORCEMENT OFFICERS UNION, DISTRICT COUNCIL 82, AFSCME, AFL-CIO AND STATE OF NEW YORK (GOVERNOR’S OFFICE OF EMPLOYEE RELATIONS). A charge which alleged that the State had refused to continue the terms of the parties’ expired collective bargaining agreement by refusing to pay a uniform cleaning and maintenance allowance was deferred to the parties’ grievance procedure. (ALJ Mayo, U-21332, 1/6/00)

TOWN OF NEW CASTLE POLICE ASSOCIATION AND TOWN OF NEW CASTLE. In response to the Association’s refusal to file an offer of proof as to the elements of their charge, the ALJ dismissed the charge in all respects for failure to prosecute. (ALJ Mayo, U-21136, 1/11/00)

RAMAPO POLICE BENEVOLENT ASSOCIATION AND TOWN OF RAMAPO. The Director dismissed the charge that the Town violated the Act when it continued to give Lieutenants, who opted out of the unit, the same assignments as they had prior to opting out. The Director found that the union’s agreement to allow employees to opt out relinquishes its right to the maintenance of exclusivity as to the duties of the position. (Director Klein, U-20685, 1/12/00)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES, ATTICA CORRECTIONAL FACILITY). A charge alleging that the State violated §209-a.1(a) and (d) of the Act by failing to respond to requests “for information” and by issuing a memorandum, in response to a union demand “that action be taken to resolve the issues,” stating that if unit employees were afraid to work under current staffing patterns they could request a transfer, was dismissed. The Director found that an employer need not comply with a request for unidentified information and which does not include an articulated need for the information. He also found that the at-issue memorandum contained no threats regarding a protected activity nor a refusal of a demand to negotiate since a “demand for action” does not constitute such a demand. (Director Klein, U-21327, 1/12/00)

MUNICIPAL EMPLOYEES ASSOCIATION AND VILLAGE OF WATKINS GLEN. The Director dismissed the Association’s charge that the Village Board had passed a resolution precluding the hiring of unit full-time employees in part-time or seasonal positions because a legislative body, so acting, cannot violate §209-a.1(d) of the Act. (Director Klein, U-21320, 1/13/00)

GREENBURGH NO. 11 FEDERATION OF TEACHERS AND GREENBURGH NO. 11 UNION FREE SCHOOL DISTRICT. The District was found to have violated the Act by failing, upon the request of the bargaining agent, to provide information on three matters scheduled for grievance arbitration. The District’s defense based upon §3813 of the Education Law was rejected as the charge was sent to the District by PERB within the ninety-day period required thereunder. The District’s timeliness defense was rejected as two of the three requests for the information were made within the four-month period for filing under PERB’s Rules. The District’s defense that information sought for grievance arbitration is solely within the authority of the arbitrator was rejected as all stages of grievance arbitration fall within contract administration, for which PERB has found a duty to provide information. (ALJ Comenzo, U-20725, 1/14/00)

ELMSFORD POLICE ASSOCIATION AND VILLAGE OF ELMSFORD. The Association charged that the Village improperly declared impasse after three negotiation sessions instead of agreeing to the request of its new negotiator to meet again to negotiate its amended and substantive new proposals. The Director dismissed the charge, holding that the Village’s declaration of impasse, under the circumstances presented, did not constitute bad faith negotiations. (Director Klein, U-21356, 1/18/00)

NEW YORK STATE CORRECTIONAL OFFICER AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES – WENDE CORRECTIONAL FACILITY). State agency violated its bargaining obligation when its superintendent at Wende Correctional Facility unilaterally ended his predecessor’s past practice of allowing correction officers to depart within three minutes of the end of shift without sanction or charge-back to accruals. Dismissing a jurisdictional defense on a finding that the expired contract between the parties was silent on the subject, the ALJ also rejected a defense of reverter based on departmental rules and regulations and its attendance manual upon finding that these were not a proper basis for reverter. (ALJ Barsamian, U-20986, 1/20/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, REGIONAL DATA PROCESSING MANAGEMENT AND SUPERVISOR UNIT AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF THE FIRST SUPERVISORY DISTRICT OF SUFFOLK COUNTY. The ALJ deferred the charge to the parties’ grievance procedure. The charge alleged a change in a sick leave policy. Finding that the collective bargaining agreement provided a reasonably arguable source of right to sick leave entitlement, the jurisdictional issue underlying the charge was deferred pursuant to Herkimer County BOCES. (ALJ Maier, U-21076, 1/24/00)

CONNETQUOT TEACHERS ASSOCIATION AND CONNETQUOT CENTRAL SCHOOL DISTRICT OF ISLIP. Charge regarding District’s unilateral requirement that unit members cover classes for absent unit members, with a resultant loss of preparation time and increase in student loads, was conditionally dismissed and deferred to parties’ contractual grievance-arbitration procedure. (ALJ Cacavas, U-21243, 1/24/00)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, STEUBEN COUNTY LOCAL 851, COUNTY EMPLOYEES UNIT AND COUNTY OF STEUBEN. Improper practice charge alleging that the County violated the Act when it changed the work week and scheduled mandatory overtime for public health and nursing service employees, conditionally dismissed because the same matter is pending in an arbitration proceeding. (ALJ Fitzgerald, U-21177, 1/28/00)

HAMMONDSPORT TEACHERS ASSOCIATION AND HAMMONDSPORT CENTRAL SCHOOL DISTRICT. Improper practice charge alleging that the District violated the Act when it failed to pay salary increases to certain teachers under the parties’ expired collective bargaining agreement conditionally dismissed because the same matter is pending before an arbitrator. (ALJ Fitzgerald, U-21261, 1/28/00)

EVARISTO ESPINAL AND UNITED FEDERATION OF TEACHERS, LOCAL 2, AFT, AFL-CIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The union did not breach its duty of fair representation by retaining an arbitrator who had been recused in a case over one year earlier. The circumstances of the two cases were different and no evidence was presented that the union representatives in the instant case even knew, or had reason to know, of the recusal. A charge which alleges that a union acted improperly at an arbitration proceeding must be brought within four months of the date of the proceeding. A charging party cannot toll the statute of limitations by awaiting the outcome of an arbitration to challenge its handling. But, where a charging party has no reasonable basis for knowing circumstances of earlier union conduct which gives rise to a discrimination claim, particularly when information regarding it was intentionally kept from him, the statute of limitation runs from the date such information became known. (ALJ Cacavas, U-20818, 1/28/00)

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