Archived Decision Summaries - January 1, 2006 through December 31, 2006

(Updated April 20, 2007)


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Decision Summaries Of The Board


Board Certifications

CATO-MERIDIAN ADMINISTRATORS' ASSOCIATION has been certified to represent full-time employees of the Cato-Meridian Central School District in the titles of Principal, Assistant Principal and Director of Pupil Services. All other employees are excluded. (C-5544, 2/3/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all full-time and part-time Emergency Medical Technicians and Drivers employed by the Town of Catskill. The Ambulance Administrator, Ambulance Supervisor, per diems and all other Town employees are excluded. (C-5546, 3/10/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent employees of the Uniondale Union Free School District in the titles of: Cleaner, Attendants, Stock Assistant, Custodians, Bus Drivers, Groundskeepers, Maintenance Helpers, Pool Operators, Recreation Aide, Head Custodians-Elementary Schools, Head Custodian-Middle School, Assistant Head Custodian-Sr. High School, Maintenance Personnel, Senior Maintainer, Supervisory Groundskeeper, Head Custodian-Sr. High School. All other employees are excluded. (C-5553, 3/10/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all Food Service Workers employed by the Bayport-Blue Point Union Free School District. All other employees are excluded. (C-5555, 3/10/06)

LOCAL 687, INTERNATIONAL BROTHERHOOD OF TEAMSTERS has been certified to represent all full-time Highway Department employees of the Town of Boylston. The Highway Superintendent and all other employees are excluded. (C-5557, 3/10/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all Teacher Aides, Teacher Assistants, School Monitors and Security Aides employed by the Hewlett-Woodmere Union Free School District. All other employees are excluded. (C-5558, 3/10/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all Operational and Maintenance employees of the Glen Cove Central School District in the titles of Cleaners, Custodian/Groundsman, Head Custodians and Maintenance employees. All other employees are excluded. (C-5560, 3/10/06)

TEAMSTERS LOCAL 693, INTERNATIONAL BROTHERHOOD OF TEAMSTERS has been certified to represent employees of the Village of Oxford in the title of Laborer. The title of Superintendent of Public Works is excluded. (C-5483, 4/10/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all regular permanent full and part-time Clerical employees, Attendance Aides and Library Aides employed by the Sayville Union Free School District. All other employees, including those employees identified as Confidential and/or Managerial, are excluded. (C-5561, 4/10/06)

TEAMSTERS LOCAL 264, INTERNATIONAL BROTHERHOOD OF TEAMSTERS has been certified to represent all employees in the Department of Public Works of the Village of Alden. Excluded from the unit are the titles of Superintendent, Clerical, CETA, part-time and seasonal employees. (C-5578, 4/10/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all regularly scheduled full and part-time Cooks, Assistant Cooks and Food Service Workers employed by the Island Park Union Free School District. All other employees are excluded. (C-5579, 4/10/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all employees of the Oceanside Union Free School District in the titles of Cleaner/Laborer, Security Aide, Custodian, Custodian in Charge, Custodian Repairman, Groundsperson, Messenger, Security Guard, Head Custodian I, Head Grounds Person, Assistant Head Custodian (Secondary Schools), Assistant Head Groundsperson, Duplicating Machine Operator, Maintainer (General Maintainer, Painter, Plumber, Carpenter), Elementary Head Custodian, Head Custodian II, Senior Maintainer, Supervisor of Grounds, Head Custodian III. All other employees are excluded. (C-5552, 4/24/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all regularly scheduled full and part-time Monitors, Cooks and Food Service Workers employed by the East Rockaway Union Free School District. Employees in the titles of Cook Manager, substitute Food Service Workers and all other employees are excluded. (C-5570, 6/7/06)

TEAMSTERS LOCAL 118, INTERNATIONAL BROTHERHOOD OF TEAMSTERS has been certified to represent all full-time employees of the Village of Clyde in the Highway, Water and Sewer Departments, full-time Water/Sewer Clerk, and full-time Police Department Clerk. Excluded from the unit are employees in the titles of Mayor, Village Clerk, Highway Superintendent, Police Chief and Police Officers. (C-5585, 6/7/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFLCIO has been certified to represent a unit of all parttime employees of Cattaraugus County in the following titles: Account Clerk Typist, Aging Service Aide, Nurse Aide, Cleaner, Clerk Typist, Commercial A Driver, Community Health Nurse, Cook, Day Care Assistant, Driver/Courier, Food Service Helper, Groundskeeper, Keyboard Specialist, Laborer, Leisure Time Activities Aide, Licensed Practical Nurse, Maintenance Worker, Motor Vehicle Representative, Personnel Scheduler, Reception Clerk, Resident Services Clerk, Registered Nurse, Site Manager and Transfer Station Operator. All other employees, including Supervising Nurses and Head Nurses, are excluded. (C5607, 8/9/06)

TEAMSTERS LOCAL 264, INTERNATIONAL BROTHERHOOD OF TEAMSTERS has been certified to represent a unit of all fulltime and regular parttime Town of Pendleton Highway Department and Water and Sewer Department employees. Excluded are the Water and Sewer Superintendent, the Highway Superintendent and all others. (C5590, 8/9/06)

TEAMSTERS LOCAL 264, INTERNATIONAL BROTHERHOOD OF TEAMSTERS has been certified to represent a unit of all fulltime and regular parttime employees in the Town of Franklinville Highway Department. All other employees, including the Highway Superintendent, are excluded. (C5591, 8/9/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified as the representative of all fulltime and parttime employees of the Valley Stream Union Free School District #24 in the following titles: School Monitors, Teacher Aides, Library Aides and Aide Fulltime who work on a daily schedule during the school year. Excluded are all temporary, seasonal, callin or substitute employees in the above titles and/or those employees who serve in a confidential, managerial and/or supervisory capacity and all other employees. (C5592, 8/9/06)

GREATER ROCHESTER ADJUNCTS DEDICATED TO EDUCATION has been certified to represent employees of the County of Ontario and Finger Lakes Community College in a unit of all adjunct instructors teaching credit bearing courses and paid by FLCC. Excluded are: Administrators, all active members of any other bargaining unit representing College or County employees, all hourly employees, substitutes, and coaches coaching NJCAA team sports. (C5600, 9/20/06)

DRYDEN POLICE BENEVOLENT ASSOCIATION was certified to represent all fulltime and parttime police officers of the Village of Dryden. All other employees including Lieutenants, Sergeants, and Officers/Internal Affairs are excluded. (C5601, 9/20/06)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 8325 was certified to represent all fulltime and parttime employees of the Town of Richmond Department of Public Works in the titles: MEO, MEO Light and Deputy Superintendent and all full and parttime employees in the Water Department in the title: Water Assistant. The Superintendent of the Department of Public Works, Superintendent of the Water Department, Assistant Superintendent of the Water Department, clericals, and managerial employees are excluded. (C5613, 9/20/06)

UNITED ASSOCIATION OF WORKERS OF AMERICA, LOCAL 528, NOITUIUJAT has been certified to represent all fulltime and regular parttime Cooks, Food Service Workers and Cafeteria School Monitors of the Floral Park-Bellrose Union Free School District. All other employees are excluded. (C5618, 9/20/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent employees of the Town of New Paltz in the titles of: Building Inspector I, Administrative Assistant, Municipal Bookkeeper, Payroll/Personnel Assistant, Assessor Aide, Municipal Code Enforcement Officer, Clerk and Typist. Excluded from the unit are all other employees. (C-5575, 11/1/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO has been certified to represent all Corrections Officers and Corrections Sergeants employed by the County of Greene and Sheriff of Greene County. All other employees are excluded. (C-5602, 11/1/06)

SHERIFF'S EMPLOYEES ASSOCIATION OF CAYUGA COUNTY has been certified to represent all employees of the County of Cayuga and Sheriff in the following titles: Corrections Lieutenant, Corrections Sergeant, Corrections Officer, Building Maintenance Mechanic, Cook (Jail), Janitor, Registered Professional Nurse (Jail), Cleaner, Civil Enforcement Officer, Order of Protection Unit Coordinator, Order of Protection Unit Assistant, Senior Accountant Clerk Typist, Clerk and Account Clerk Typist. All other employees are excluded. (C-5610, 11/1/06)

TEAMSTERS LOCAL UNION NO. 529 has been certified to represent all full-time employees of the Town of Horseheads Highway Department. The Highway Superintendent and Deputy Superintendent are excluded. (C-5617, 11/1/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all full-time and part-time Monitors of the Lynbrook Union Free School District. Excluded from the unit are all other employees. (C-5620, 11/1/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO has been certified to represent all full-time employees of the Herkimer Central School District in the following titles: Classroom Aide (also known as Teacher Aide, One-on-One Aide, Library Aide and Child Associate Aide). Excluded from the unit are all other non-classroom and part-time aides already in bargaining units, and all others. (C-5626, 11/1/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION has been certified to represent all part-time Sergeants and Patrolmen employed by the Village of Hoosick Falls. Excluded are all other employees. (C-5597, 12/14/06)

TEAMSTERS LOCAL #264, INTERNATIONAL BROTHERHOOD OF TEAMSTERS has been certified to represent all full-time employees in the Departments of Highway and Water/Sewer of the Town of Wheatfield. Excluded are Clerical, part-time, temporary and seasonal employees, Highway Superintendent, Deputy Highway Superintendent, Superintendent of Water/Sewer, and Deputy Superintendent of Water/Sewer. (C-5646, 12/14/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO has been certified to represent all full-time employees of the Town of Portland. Part-time and seasonal employees, elected officials, and all other employees of the Town are excluded. (C-5653, 12/14/06)

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Representation

AMALGAMATED TRANSIT UNION, LOCAL 282 AND REGIONAL TRANSIT SERVICE, INC. The Board affirmed the decision of the Administrative Law Judge (ALJ) granting the unit placement petition filed by the ATU, placing the titles of Secretary of Maintenance, Secretary of Transportation and Data Entry Clerk into the ATU unit. Recognizing that, at times, the traditional differences between the two types of employees can be blurred when they share the same work environment, workday, work week and benefits, the Board included the white-collar titles in the largely blue-collar unit. The Board rejected RTS's arguments about differences in supervision, job duties and confidentiality, finding instead that there was a sufficient commonality in working environment, salary and benefits, workday and work week and interaction between the at-issue titles and those in the bargaining unit, to establish a community of interest. (CP-990, 2/3/06)

UNITED FEDERATION OF POLICE OFFICERS, INC AND STATE OF NEW YORK (OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION). The Board affirmed the decision of the Administrative Law Judge (ALJ) finding that the titles of Chief Regional Park Police 1, 2 and 3 (Majors) employed by the State of New York (Office of Parks, Recreation and Historic Preservation) are confidential within the meaning of §201.7(a) of the Public Employees' Fair Employment Act (Act). The Board found that Majors meet the two-prong test for confidential designation enunciated in Town of Dewitt, 32 PERB 3001 (1999), that the employee assisting the manager must have a confidential relationship with the manager, involving trust and confidence. The record evidenced that the Majors' actual duties include directing the patrol forces within their respective regions in terms of maintaining control and accountability, meeting with superior officers to discuss operational concerns related to their duties, sitting on promotional boards and making recommendations regarding candidates' suitability for promotion. The Majors are also involved in the investigation of disciplinary matters and make recommendations as to whether discipline is warranted. (C-5327, 4/24/06).

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC, LOCAL 1000, AFSCME, AFLCIO, NIAGARA FALLS BRIDGE COMMISSION UNIT, NIAGARA COUNTY LOCAL 832 AND NIAGARA FALLS BRIDGE COMMISSION. The Board affirmed the decision of the ALJ granting a unit placement petition filed by CSEA, adding the newly-created title of Building Maintenance Foreman to CSEA's unit. The Board did not find that there is such a difference in terms and conditions of employment of the Building Maintenance Foreman and unit employees to evidence a real or potential conflict of interest at the negotiating table as their salary, hours of work and benefit levels are similar. As long as there is no potential or actual conflict, employees who have different occupations and terms and conditions of employment may be grouped together if they share a general community of interest. (CP-992, 4/24/06)

CITY OF ROME. The Board affirmed the decision of the ALJ dismissing the City's application seeking to designate Valerie Cucura, Director of Information Services, as managerial or confidential under the criteria set forth in §201.7 of the Act. The Board found that Cucura was not managerial because she did not formulate the City's technology program, she merely responded to others and provided the technical knowledge to meet those technology needs. Neither did she participate in policy formulation at the department heads' meetings where department activities and programs are discussed, but policy is not set. Cucura was also found not to be confidential because her reports to the Mayor or the other department heads of work rule violations was a supervisory function, at best, but not sufficient to deprive an employee of representation rights. (E-2365, 4/24/06)

PUBLIC EMPLOYEES FEDERATION AND STATE OF NEW YORK. The Board affirmed the decision of the Director of Public Employment Practices and Representation (Director) granting a petition filed by PEF seeking to represent, among other titles, Environmental Health Program Manager II, in the PS&T unit of employees of the State. The Board's concern that the inclusion of individual employees as parties in a representation case and the potential for delay in the processing of representation matters led the Board to deny the exceptions filed by three incumbents in the title because they lacked party status. (8/9/06, C5242)

TEAMSTERS LOCAL 338, INTERNATIONAL BROTHERHOOD OF TEAMSTERS AND TOWN OF KORTRIGHT AND AMALGAMATED INDUSTRIAL UNION LOCAL 76B. The Board affirmed the decision of the Director dismissing a petition for certification filed by the Teamsters seeking to represent a unit of Town highway employees. The Teamsters failed to file proof of a showing of interest or a declaration of authenticity simultaneously with its petition. In affirming the Director's decision, the Board reiterated that a petition for certification or decertification that is not accompanied by a showing of interest must be dismissed and a later, untimely, attempt to supply the missing showing of interest will not revive the petition. (C5611, 9/20/06)

MONROE BOCES #1 PARAEDUCATORS ASSOCIATION, NYSUT, AFT, AFLCIO AND MONROE #1 BOCES. The Board affirmed the decision of the Administrative Law Judge (ALJ) placing the titles of Signing Skills Coach, American Sign Language Teacher Assistant, and Notetaker employed by BOCES in the BPA bargaining unit. The Board considered the BOCES' administrative convenience argument but noted that the community of interest created by similar terms and conditions of employment is still the most important criteria when deciding unit placement. (CP1018, 9/20/06)

UNITED COLLEGE EMPLOYEES OF FASHION INSTITUTE OF TECHNOLOGY, LOCAL 3457, AFT AND FASHION INSTITUTE OF TECHNOLOGY. The Board reversed the decision of the Administrative Law Judge (ALJ) and dismissed the unit placement petition filed by UCE seeking the placement of the titles of Instructor for Saturday Live, Instructor for Summer Live and Instructor for Middle School Live into its unit. The Board relied on its decision in Nassau Community College and County of Nassau, 31 PERB ¶3059 (1998), where it held that unit clarification and unit placement procedures apply to situations in which a position exists, as opposed to a situation in which employees in existing titles, already included in bargaining units, are given specific work assignments. Finding that there is no separate position of Instructor for the Live programs and that only members of the UCE bargaining unit are assigned the work of teaching classes in the Live programs, the Board held that the petition must be dismissed. The Board further held that it was not bound by the decision of an arbitrator finding that teachers who were assigned to work the Summer Live program were not covered by UCE's collective bargaining agreement with FIT, as the Act places issues of unit clarification and unit placement under PERB's exclusive non-delegable jurisdiction. (CP-1004, 11/1/06)

AMALGAMATED TRANSIT UNION, LOCAL 282 AND REGIONAL TRANSIT SERVICE, INC. The Board affirmed the decision of the ALJ granting the unit placement petition filed by ATU, placing the titles of Supervisor of Scheduling and Operations Software, Manager of Transportation Analysis, Project Assistant, Secretary of Transportation and Analysis, Schedule Maker, Schedules Clerk, and Checker Clerk into the ATU unit. The Board reiterated the general premise that if a general community of interest is found to exist, i.e., if terms and conditions of employment are sufficiently similar and no actual or apparent conflict exists that would affect the conduct of meaningful and effective negotiations, the absence of other community of interest factors will not defeat the placement of the titles. The Board found a general community of interest amongst the petitioned for titles and those already in ATU's unit and rejected the managerial/confidential and conflict of interest arguments raised by the RTS. (CP-1020, 11/1/06)

JONES BEACH LIFEGUARD CORPS AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND STATE OF NEW YORK AND NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. AND NEW YORK STATE LAW ENFORCEMENT OFFICERS UNION, DISTRICT COUNCIL 82, AFSCME, AFL-CIO. The Board reversed the ALJ's decision that certain titles in the SSU unit represented by NYSCOPBA be fragmented from the bargaining unit pursuant to representation petitions filed by the Lifeguard Corps and CSEA, on the basis of the difference in dispute resolution procedures between the petitioned for titles and the other titles in the SSU bargaining unit. The Board reiterated that it had not established a "bright line" test requiring fragmentation based solely on the difference in impasse resolution procedures but rather had held in Village of Skaneateles, 16 PERB ¶3070 (1983), that "while not alone mandating the fragmentation sought by the petitioner, the difference in applicable impasse resolution procedures is a significant and important reason for defining a separate unit for police officers." The Board held that "to fragment a unit, otherwise bound by a shared community of interest, on the basis of a difference in dispute resolution procedures available to some, but not other members of the unit, calls for us to presuppose that 'meaningful and effective' negotiations on behalf of one group of unit members or the other is impossible. This is not a factual determination that we can either make on the record before us, or on our historical experience with units so mixed." As a result, the Board dismissed CSEA's petition which was based solely on the difference in impasse resolution procedures and remanded the Lifeguard Corp's petition to the ALJ for further proceedings. (C-5339 & C-5443, 11/8/06)

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Management / Confidential

NO ARCHIVED MANAGEMENT / CONFIDENTIAL BOARD Decision Summaries FOR 2006.

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Improper Practices

JOHN DONALDSON 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 ALJ dismissing the charge that UFT violated §209-a.2(c) of the Act when a UFT representative advised a Local Instructional Superintendent to initiate disciplinary charges against Donaldson and that the District violated §209-a.1(a) when it miscalculated his years of service, failed to approve his line-of-duty injury designation and issued an unsatisfactory performance evaluation. The Board found that the settlement agreement Donaldson signed that provided for his resignation and the dropping of the Education Law §3020-a charges brought by the District against him waived his right to file a charge alleging that the District miscalculated his years of service. (U-24893, 2/3/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ERIE COUNTY WHITE COLLAR UNIT AND COUNTY OF ERIE AND ERIE COMMUNITY COLLEGE AND ADMINISTRATORS ASSOCIATION OF ERIE COMMUNITY COLLEGE, LOCAL 3300 UNITED AUTO WORKERS. The Board affirmed the ALJ's decision that the College violated §209a.1(d) of the Act when it unilaterally transferred CSEA bargaining unit work to the College's Business Manager and Assistant Business Manager. The County and the College had entered into a transition agreement to provide the College with greater autonomy in purchasing, personnel and payroll functions, which also gave the College the authority to perform its own purchasing, personnel and payroll functions, subject to applicable state law and regulations and enactment of a draft local law. The Board found that even though the Assistant Business Manager and the Business Manager had higher educational requirements for their positions and performed other duties not performed by the buyers that did not mean that the qualifications for the job had changed. The Board also rejected the College's argument that the transition agreement and the subsequent local law gave the College the authority to act. (U-24659, 3/10/06)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES - ELMIRA CORRECTIONAL FACILITY). The Board reversed the decision of the ALJ and dismissed NYSCOPBA's improper practice charge that alleged that the State had violated §209-a.1 (d) of the Act by unilaterally changing the manner in which unit employees working vacation relief are scheduled at the Elmira Correctional Facility. The Board balanced the interests of unit employees in making plans and scheduling events against the State's need to provide corrections service by filling the vacant job openings through vacation leave and any other vacancies and found that the State's interests predominated. Because the determination as to whether a particular work rule constitutes a mandatory or nonmandatory subject of bargaining involves identifying the subject matter and then balancing the competing interests of the employer and the employees, the Board concluded that the charge dealt with a nonmandatory subject of negotiations. (U-23550, 3/10/06)

CURTIS BIRTHWRIGHT AND NEW YORK STATE UNITED TEACHERS. The Board affirmed the decision of the Director of Public Employment Practices and Representation (Director) dismissing as deficient Birthwright's improper practice charge alleging that NYSUT violated §§209-a.1(a), (b) and (c) and 209-a.2(a), (b) and (c) of the Public Employees' Fair Employment Act (Act). The Director dismissed the alleged violations of §209-a.1 of the Act as NYSUT is not a public employer within the meaning of the Act and the §209-a.2 allegations as NYSUT is not a public employee organization and owes no duty of fair representation to Birthwright. The Board reiterated that timely service upon other parties is a component of timely filing and that exceptions that have not been timely served will be denied, even if no objection to failure of service is received from the other parties to the proceeding. Birthwright filed exceptions with the Board on January 31, 2006, however, his exceptions were not served on NYSUT until March 2, 2006. The exceptions, not having been timely served on NYSUT, were denied. (U-26457, 4/24/06)

FERN RUDINMOORE AND DISTRICT COUNCIL 37, AFSCME, AFLCIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Board affirmed the decision of the ALJ dismissing Rudin-Moore's improper practice charge alleging that DC-37 violated §209-a.2(c) of the Act, when a DC-37 representative failed to respond to her inquiries regarding the status of a grievance that she had asked him to file on her behalf. The Board dismissed the exceptions on procedural grounds, finding that they had not been timely served on the other parties. Rudin-Moore filed exceptions with the Board on February 6, 2006, however, her exceptions were never served on either DC-37 or the District. (U-25423, 4/24/06)

ALICE ALTIERI AND AFSCME, COUNCIL 66, LOCAL 3933 AND ALBANY PUBLIC LIBRARY. The Board affirmed the decision of the ALJ dismissing Altieri's improper practice charge which alleged that AFSCME failed to file a grievance on her behalf and thereby breached its duty of fair representation in violation of §209-a.2(c) of the Act. The Board found that Altieri's dissatisfaction with AFSCME's determination that a grievance was not warranted did not establish a violation of the Act. Unless an employee organization's decision as to the handling of a grievance is arbitrary, discriminatory or made in bad faith, the Board will not interfere with the internal decisions of an employee organization and find a violation based upon an employee's dissatisfaction or disagreement with the employee organization's decision. (U-26097, 6/7/06)

ULSTER COUNTY SHERIFF EMPLOYEES ASSOCIATION, CWA, LOCAL 1105, AFLCIO AND COUNTY OF ULSTER AND ULSTER COUNTY SHERIFF. The Board affirmed the decision of the ALJ dismissing the Association's improper practice charge alleging that the County and Sheriff, the joint employer, violated §209-a.1(a) of the Act when it refused a unit employee's request to have a union representative present while being questioned by a superior officer, in violation of the representation rights afforded under National Labor Relations Board v Weingarten, 420 US 251 (1975) and extended to public employees by the Board's decision in New York City Transit Auth, 35 PERB 7012 (2002), affd sub nom, Matter of New York City Transit Auth v NYS Pub Empl Relations Bd, 196 Misc2d 532, 36 PERB 7009 (Sup Ct Kings County 2003), affd 27 AD3d 11, 38 PERB 7019 (2d Dept 2005), lv denied ___ AD3d ___, 39 PERB 7003 (2006), motion for leave pending. Affirming the ALJ's credibility resolution, the Board found that, as no request for representation had been made by the affected employee, there could be no violation of the Act. (U-25697, 6/7/06)

PLUMBERS LOCAL UNION NO.1, UA, AFLCIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Board reversed the decision of the ALJ and remanded the matter for further proceedings. The Union alleged that the District violated §209-a.1(d) of the Act when it unilaterally transferred work performed by employees in the bargaining unit represented by the Union to employees of a private contractor when it failed to respond to the Union's demand to negotiate its decision to privatize unit work, and when it likewise failed to respond to the Union's request for information regarding its decision to privatize the work previously performed by bargaining unit members. Pursuant to the District's motion to dismiss at the close of the Union's direct case, the ALJ dismissed the charge as to the alleged unilateral assignment of unit work, finding it to be untimely. The ALJ also dismissed the refusal to negotiate allegation, finding that the Union had failed to demonstrate that the work transferred was exclusive bargaining unit work. However, the ALJ found that the District violated §209-a.1(d) of the Act by refusing the Union's request for information. The Board reversed, finding the record evidence at the time of the motion did not establish that the charge was untimely filed. The Board also found that the record evidence established the Union's exclusivity over the work in question. The Board remanded the matter for the presentation of the District's case. (U-25883, 6/7/06)

ORANGETOWN POLICEMEN'S BENEVOLENT ASSOCIATION AND TOWN OF ORANGETOWN. The Board affirmed the decision of the ALJ dismissing the PBA's improper practice charges alleging that the Town violated §§209-a.1(a) and (d) of the Act when it refused to provide certain information that the PBA requested to defend disciplinary charges filed by the Town against two unit employees. In Orangetown Policemen's Benevolent Association v Town of Orangetown, 2006 NY Lexis 584, 2006 NY Slip Op 2288 (March 28, 2006), the Court of Appeals held that the Rockland County Police Act is a local law that predated CSL §76(4) and the matters of police discipline are within the power and authority of the Orangetown Town Board. The Court, therefore, found that Article 15 of the Town-PBA collective bargaining agreement was invalid and that discipline for employees represented by the PBA was governed by the Rockland County Police Act and not the parties' contractual disciplinary procedure. The PBA, therefore, had no right to information pursuant to the Rockland County Police Act. Based upon County of Ulster, 26 PERB 3008 (1993), where the Board found that the entitlement to information in the context of a statutory proceeding derives from the rights attendant to those proceedings, not the Act, the charge was dismissed. (U-25534 & U-25733, 6/7/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFLCIO, ERIE UNIT OF LOCAL 815 AND COUNTY OF ERIE AND SHERIFF OF ERIE COUNTY AND TEAMSTERS LOCAL 264, INTERNATIONAL BROTHERHOOD OF TEAMSTERS. The Board affirmed the decision of the ALJ finding that the County violated §209a.1(d) of the Public Employees' Fair Employment Act (Act) when it unilaterally transferred exclusive bargaining unit work performed by employees in the bargaining unit represented by CSEA to employees in the bargaining unit represented by the Teamsters and when it unilaterally transferred exclusive bargaining unit work performed by employees in the bargaining unit represented by the Teamsters to employees in the bargaining unit represented by CSEA. The County argued that it was compelled to do so in order to comply with directives from the NYS Commission on Corrections (COC). The Board found that while the County may have been required by the COC to have an objective classification system, there was no evidence that compliance with the COC's rulings could not have been achieved without reassigning exclusive bargaining unit work. (U22665, U25456, U23327 & U25489, 8/9/06)

DEVENDRA KUMAR JAIN AND TRANSPORT WORKERS' UNION, LOCAL 100 AND NEW YORK CITY TRANSIT AUTHORITY. The Board affirmed the decision of the ALJ dismissing Jain's improper practice charge alleging that TWU violated §209a.2(c) of the Act when it failed to adequately represent Jain in connection with a disciplinary grievance. The ALJ granted TWU's motion to dismiss at the close of Jain's direct case, finding that Jain had failed to establish a prima facie case that TWU had acted arbitrarily, discriminatorily or in bad faith when it represented him at a disciplinary grievance arbitration. The Board found that Jain's disagreement with TWU's handling of his case was insufficient to prove a violation of the duty of fair representation. (U25267, 8/8/06)

SARAANN P. FEARON AND UNITED FEDERATION OF TEACHERS AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Board dismissed, without consideration of the merits, Fearon's second motion for reconsideration of the Board's Decision and Order in United Federation of Teachers (Fearon), 37 PERB 3029 (2004). Fearon had also filed two interlocutory appeals. The Board noted that repetitious motions requesting the same relief, whether filed because of a fundamental lack of understanding of PERB's Rules of Procedure or disregard of them, wastes the agency's resources and delays the adjudication and disposition of charges. Fearon and her nonattorney representative were, therefore, again cautioned to refrain from making them, as sanctions against Fearon and/or her representative might be sought by other parties or imposed by the Board upon its own motion. (U23556, 8/9/06)

POLICE BENEVOLENT ASSOCIATION OF THE NEW YORK STATE TROOPERS, INC. AND STATE OF NEW YORK (DIVISION OF STATE POLICE). The Board affirmed the decision of the ALJ dismissing the PBA's improper practice charge alleging, as amended, that the State violated §209a.1 (d) of the Act by unilaterally changing procedures to be followed during the investigation of "critical incidents". The PBA alleged that the State denied it access to an employee during an investigatory interview concerning a "critical incident". The ALJ found the subjectmatter of the charge, disciplinary procedures for members of the State Police, was a prohibited subject of negotiations and the Board affirmed, declining to reverse its earlier decision in State of New York (Division of State Police), 38 PERB 3007 (2005), petition for review pending, and finding that the State may not negotiate a prohibited subject with the PBA. (U22830, 9/20/06)

TRANSPORT WORKERS UNION, LOCAL 106, TRANSIT SUPERVISORS ORGANIZATION AND NEW YORK CITY TRANSIT AUTHORITY AND MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY AND SUBWAY SURFACE SUPERVISORS ASSOCIATION. The Board affirmed the decision of the ALJ dismissing the TWU's improper practice charge which alleged that the Authorities violated §§209a.1(a) and (d) of the Act when the Authorities entered into a collective bargaining agreement with the SSSA that included a parity clause. The Authorities and SSSA entered into an agreement that allows the Authorities to assign level one supervisors represented by the TWU to perform certain work that is exclusive to the SSSA unit supervisors under certain circumstances. The Authorities sought to reach the same agreement with the TWU. The Board found that the agreement did not impose any conditions upon TWU's bargaining unit because it was a standalone agreement that can be implemented between the Authorities and SSSA, notwithstanding the failure or refusal of TWU to agree to the same or similar language. As such, it was not a prohibited parity clause. (U25419, 9/20/06)

TEAMSTERS LOCAL 264A, INTERNATIONAL BROTHERHOOD OF TEAMSTERS AND VILLAGE OF CATTARAUGUS. The Board dismissed, without consideration of the merits, exceptions filed by the Teamsters which were not properly served upon the Village. The Board noted that § 213.2(a) of the Rules requires a party filing exceptions to also serve those exceptions on all other parties within the same fifteen working day period for the filing of exceptions and, in addition, to file proof of such service with the Board. The Teamsters exceptions were not served upon the Village within the requisite time period and no proof of service has been filed with the Board. The Board held that timely service upon other parties is a component of timely filing and dismissed the exceptions as not having been timely served upon the Village. (U26773, 9/20/06)

BUFFALO TEACHERS FEDERATION AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO. The Board affirmed the decision of the ALJ deferring to arbitration the improper practice charge filed by the Federation alleging that District violated §§209-a.1(a), (d) and (e) of the Act when it unilaterally changed the health insurance available to Federation unit members. The Board found that deferral to a pending grievance was appropriate because a decision on the merits of the parties' arguments hinged upon the meaning of Article XXVI (2) of the parties' 1999-2004 collective bargaining agreement to determine if the District's unilateral decision to select Blue Cross Blue Shield as the sole provider for its health insurance plans was in violation of its duty to negotiate in good faith or was within its contractual rights. (U-26167, 11/1/06)

LAW ENFORCEMENT EMPLOYEES BENEVOLENT ASSOCIATION AND CITY OF NEW YORK. The Board affirmed the decision of the Director of Public Employment Practices and Representation (Director), dismissing as deficient the Association's improper practice charge that alleged that the City violated §§209-a.1(a), (b), (d) and (f) and §209-a.2(c) of the Act. The Board found that the Association had submitted no evidence that it represented officers or members of any police force or department so as to establish PERB's jurisdiction over the matter. Additionally, the improper practice charge was procedurally deficient in a number of respects that had not been corrected by the Association. (U-26901, 11/1/06)

VELMA DAVIS AND WESTCHESTER COUNTY HEALTH CARE CORPORATION. The Board affirmed the decision of the Director dismissing as deficient a charge filed by Davis because Davis had failed to serve the other party to the proceeding with a copy of her exceptions. The Board did not reach the merits of Davis' exceptions, noting that a charging party is charged with knowledge of the Rules, particularly in light of their public availability. Davis's exceptions were not served upon the Corporation within the requisite time period and no proof of service was filed with the Board. Because timely service upon other parties is a component of timely filing, the Board dismissed the exceptions as not being timely. (U-26975, 11/1/06)

RYE BROOK PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 4041, IAFF, AFL-CIO AND VILLAGE OF RYE BROOK. The Board affirmed the decision of the ALJ dismissing, in part, the Association's improper practice charge against the Village, alleging that the Village violated §§209-a.1 (a) and (d) of the Act when it staffed the Village firehouse during the 7:00 p.m. to 7:00 a.m. shift with a firefighter employed by the Village of Port Chester, thereby subcontracting exclusive bargaining unit work and refusing to engage in impact bargaining regarding the assignment. Finding that the definition of the work performed by Village firefighters is the provision of fire protective services and receiving and responding to calls for assistance, the Board found that the Association lacked exclusivity over the work because Village of Port Chester firefighters had performed the same work for several years pursuant to fire protection agreements between the Village and Port Chester. The Board did find that the village had improperly refused to negotiate the impact of its decision. (U-25651, 11/1/06)

NEW YORK STATE CORRECTIONAL OFFICERS & POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). The Board affirmed, as modified, the ALJ's decision dismissing its improper practice charge which alleged that the State violated §209-a.1(d) of the Act when it unilaterally changed the practice and procedure by which corrections officers were assigned to perform vacation relief functions at Greene Correctional Facility. The Board found that NYSCOPBA's improper practice charge raised a question of enforcement of the labor-management agreement over which PERB has no jurisdiction. However, the Board found that it is appropriate under Herkimer County BOCES, 20 PERB 3050 (1987), to defer to the parties' collective bargaining agreement the dispute arising from the allegation that the State "altered" the number of vacation relief officers set forth in the parties' 1987 and 1996 labor management agreements. The Board went on to note that if it reached the merits of the charge, it would dismiss the charge as the ALJ had done, finding that the State was privileged to determine that there would be fewer employees at Greene designated as vacation relief officers. Relying on Town of Blooming Grove, 21 PERB 3032 (1988), the Board held that it is an employer's prerogative to determine the number of employees that it needs in each job category, but that the means that the employer then utilizes to determine which employees are assigned to meet staffing needs in each category must be bargained and that, therefore, the State's action was not negotiable as it had not altered the procedure used for the assignment of vacation relief bids, but had simply decided that there would be fewer vacation relief officers in the resource pool from which those vacancies were filled. (U-23685, 11/8/06)

COUNTY OF SULLIVAN AND SULLIVAN COUNTY SHERIFF AND SULLIVAN COUNTY PATROLMEN'S BENEVOLENT ASSOCIATION, INC. The Board affirmed the decision of the ALJ finding that the PBA violated §209-a.2(b) of the Act when the PBA submitted to compulsory interest arbitration bargaining proposals that are not arbitrable under §209.4(g) of the Act. The ALJ, relying on the Board's decision in New York State Police Investigators Association, 30 PERB 3013 (1997), confirmed sub nom New York State Police Investigators Assn v PERB, 30 PERB 7011 (Sup Ct Albany County 1997), found that the in-issue demands did not directly relate to compensation and were therefore excluded from arbitration under §209.4(g) of the Act. The PBA's demands, relating to the accumulation of overtime, holiday, vacation and sick leave and the methods for redemption of accumulated time, were found not to be sufficiently related to compensation to be arbitrable. The PBA's demand for a new procedure regarding the parties' rights and responsibilities pursuant to GML §207-c, including a hearing procedure by which employees can contest adverse decisions, was also found to be only indirectly related to compensation and, therefore, improperly submitted to interest arbitration. (U-26671, 12/14/06)

TOWN OF FISHKILL AND TOWN OF FISHKILL POLICE FRATERNITY, INC. The Board affirmed, in part, and reversed, in part, the decision of the ALJ finding that the Fraternity had violated §209-a.2(b) of the Act by submitting to compulsory interest arbitration bargaining proposals that are not mandatory subjects of negotiations. The parties raised the question as to the test to be used in determining whether a bargaining demand is sufficiently related to a provision in their current collective bargaining agreement to establish its negotiability under City of Cohoes, 31 PERB 3020 (1998), confirmed sub nom. Uniform Firefighters of Cohoes v Cuevas, 32 PERB 7026 (Sup Ct Albany County 1999), aff'd 276 AD2d 184, 33 PERB 7019 (3d Dept 2000), leave to appeal denied 96 NY2d 711, 34 PERB 7018 (2001). The Board determined that each demand must be analyzed using the following test: does the demand seek to include, alter or delete a topic or category addressed specifically, or at least generally, in the parties' contract? The Board then found that the Fraternity's demands relating to minimum staffing, scheduling and firearms qualification were mandatory under the Cohoes analysis. (U-26709, 12/14/06)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, NEW YORK COUNCIL 66, AND ITS AFFILIATED AFSCME LOCAL 1095, AFL-CIO AND COUNTY OF ERIE AND ERIE COUNTY MEDICAL CENTER CORPORATION AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ERIE UNIT OF LOCAL 815. The Board affirmed the decision of the ALJ finding that the Employer violated §209-a.1(d) of the Act when it unilaterally imposed mandatory drug and alcohol testing and conducted background checks on County employees who transferred from County facilities into ECMCC, pursuant to contractual "bumping" rights, and on former ECMCC employees who returned to ECMCC under contractual "recall" rights. The Board rejected the Employer's arguments that County employees transferring into positions at ECMCC were "new" employees for whom there was no obligation to bargain or employees in "safety sensitive" positions, with a diminished expectation of privacy. The Board found that the privacy, reputation and job security interests of employees when balanced against the managerial interests of a public employer in its mission and the safety of its clientele weighed in favor of requiring negotiations over the decision to implement random drug testing, absent evidence that off-duty use of drugs impaired an employee's ability to perform job duties safely. (U-25769 & U-16164, 12/20/06).

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Declaratory Rulings

NO ARCHIVED BOARD DECLARATORY RULINGS FOR 2006.

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Strikes

NO ARCHIVED STRIKE BOARD Decision Summaries FOR 2006.

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Local Procedures

NO ARCHIVED LOCAL PROCEDURES BOARD Decision Summaries FOR 2006.

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Other Matters

NEW YORK CITY TRANSIT AUTHORITY AND MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY AND TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO AND LOCAL 100 OF TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO. The Board affirmed the determination of the Director of Conciliation that a voluntary resolution to the contract negotiations between the parties cannot be reached and to his recommendation that the matter be referred to a public arbitration panel. Finding that further mediation could not prove successful, and any further negotiations between the parties, even without mediation, could not reasonably be expected to be successful, the Board determined that the statutory processes had been conducted and that the matter was properly referred to arbitration. (TIA2005-045, 3/23/06)

MONROE COUNTY AIRPORT FIREFIGHTERS ASSOCIATION, IAFF, LOCAL 1636 AND COUNTY OF MONROE. The Board affirmed the decision of the Director of Conciliation denying a petition for compulsory interest arbitration filed by the Association. The Board held that the unit of Firefighters and Fire Captains, which the Association represents, employed at the Greater Rochester International Airport Division of Fire Protection and Crash Control, were not "officers or members of any organized fire department, or any other unit of the public employer which previously was part of an organized fire department whose primary mission includes the prevention and control of aircraft fires…" as provided in §209.4 of the Act. As the employees represented by the Association were not included within the compulsory interest arbitration provisions of the Act, despite repeated attempts in the legislature to amend the Act to include them, the Board found that the Director properly denied the petition. (8/9/06, M2005-114/IA2005-033)

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Decision Summaries of the Office of Public Employment Practices and Representation


Representation

RIVERHEAD CENTRAL FACULTY ASSOCIATION AND RIVERHEAD CENTRAL SCHOOL DISTRICT AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. The petition, seeking the placement of the title of Teaching Assistant in the professional/teachers unit represented by the Petitioner, was granted without opposition. (ALJ Blassman, CP- 1021, 1/11/06)

LOCAL 693, INTERNATIONAL BROTHERHOOD OF TEAMSTERS AND VILLAGE OF OXFORD. The ALJ found that the most appropriate bargaining unit of employees within a Department of Public Works did not include the Superintendent of Public Works. The Superintendent ran the Department and reported directly to the Mayor and the Village Board. As the highest level supervisor within the Department, the Superintendent's supervisory responsibilities presented an inherent conflict of interest between him and those whom he supervises, precluding his inclusion in the proposed bargaining unit. (ALJ Quinn, C-5483, 1/17/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND EAST ROCKAWAY UNION FREE SCHOOL DISTRICT. The ALJ dismissed as untimely a certification/decertification petition filed November 4, 2005. The incumbent and employer entered into memorandum of agreement dated October 14, 2004, and a collective bargaining agreement is in effect between the parties, the term of which is July 1, 2003 to June 30, 2007. Applying County of Orange and Sheriff of Orange County, 27 PERB 3068 (1994) and §208.2(b)of the Act, the ALJ found that the next available period to file a petition is November 2006 and the petition was therefore untimely. (ALJ Maier, C-5554, 1/27/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, NIAGARA FALLS BRIDGE COMMISSION UNIT, NIAGARA COUNTY LOCAL 832 AND NIAGARA FALLS BRIDGE COMMISSION. The unit placement petition was granted, adding the title building maintenance foreman to the CSEA blue-collar unit, over the objection of the employer, upon a finding of a general community of interest. An agreement by the parties to exclude the title from the unit as evidenced by the recognition clause is not binding upon PERB in determining unit placement. (ALJ Doerr, CP-992, 2/15/06)

WHITNEY POINT TEACHERS ASSOCIATION, NYSUT, AFT, AFL-CIO AND WHITNEY POINT CENTRAL SCHOOL DISTRICT. The position of Registered Nurse was placed in a bargaining unit comprised of all professionally certified personnel, pursuant to the unit placement portion of a petition filed by the Whitney Point Teachers Association. While the Board's decision in Ichabod Crane Central School District, 33 PERB 3042, confirmed sub nom. CSEA v PERB, 300 AD2d 927, 35 PERB 7027 (3d Dep't 2002), was dispositive, the Association's unit was determined to be the most appropriate unit placement even in the absence of that decision, based on shared duties, responsibilities, training, concerns, communications and professional development. (ALJ Comenzo, CP-932, 3/9/06)

PUBLIC EMPLOYEES FEDERATION AND STATE OF NEW YORK. The Director of Public Employment Practices and Representation (Director) designated numerous positions as managerial and placed numerous other positions into the bargaining unit; all by agreement of the parties. (Director Klein, C-5242, CP-621, CP-695, CP-759, CP-791, CP-833, CP-862, CP-893, CP-924, CP-956, CP-980, CP-1010, 3/14/06)

UNITED PUBLIC SERVICE EMPLOYEES UNION AND OCEANSIDE UNION FREE SCHOOL DISTRICT AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. The Director dismissed objections to the conduct of the election, finding no evidence of any ballot tampering or fraud. (Director Klein, C-5552, 3/20/06)

HOLLEY PARAPROFESSIONAL ASSOCIATION, HOLLEY CENTRAL SCHOOL DISTRICT AND HOLLEY TEACHERS. A petition filed by the Holley Paraprofessional Association seeking certification as the exclusive representative of three teaching assistants in the Holley Central School District was dismissed. The District argued that the creation of a new unit where six already exist would be administratively inconvenient and asserted that the appropriate placement of teaching assistants would be with the Holley Teachers' Association. The parties agreed to the placement and teaching assistants were added to the Holley Teachers' Association as of the date of the decision. The number of employees added was not numerically sufficient to raise an issue of majority status. (ALJ Doerr, C-5582, 5/3/06)

AMALGAMATED TRANSIT UNION, LOCAL 282 AND REGIONAL TRANSIT SERVICE, INC. The Titles of Manager of Transportation Analysis, Supervisor of Scheduling and Operations Software, Project Assistant, Secretary of Transportation and Analysis, Schedule Maker, Schedules Clerk and Checker Clerk were placed in ATU's bargaining unit on a finding of a general community of interests. RTS's argument that the Manager of Transportation Analysis was managerial on the basis of policy formulation was rejected as was the argument that the incumbent was a high level supervisor. (ALJ Doerr, CP-1020, 6/1/06)

MONROE BOCES #1 PARAEDUCATORS ASSOCIATION, NYSUT, AFT, AFLCIO AND MONROE #1 BOCES. The unit placement petition was granted adding the titles, Signing Skills Coach, ASL Teacher Assistant, and Notetaker to a unit represented by the Monroe #1 Paraeducators Association, NYSUT, AFT, AFL-CIO. The unit clarification aspect was dismissed on a finding that the petitioned-for titles were not encompassed within the scope of petitioner's unit. (ALJ Doerr, CP-1018, 6/20/06)

JOHN CUNNINGHAM AND FAYETTEVILLEMANLIUS CENTRAL SCHOOL DISTRICT AND SERVICE EMPLOYEES INTERNATIONAL UNION. The Director dismissed the petition because the declaration of authenticity did not satisfy the requirements of the Rules. (Director Klein, C5605, 7/20/06)

JONES BEACH LIFEGUARDS CORPS, STATE OF NEW YORK, NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC., NEW YORK STATE LAW ENFORCEMENT OFFICERS UNION, DISTRICT COUNCIL 82, AFSCME, AFLCIO and CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFLCIO. Petitioners, Jones Beach Lifeguard Corps and CSEA, in cases consolidated for purposes of an interim decision, sought to fragment titles from a unit of State employees represented by NYSCOPBA. But for those employees encumbering the titles petitioned for, employees represented by NYCSCPBA are eligible for interest arbitration. The petitions were granted as the most appropriate unit cannot include titles that are subject to different impasse procedures. (S. Comenzo, C5339 & C5443, 7/24/06)

UNITED COLLEGE EMPLOYEES OF FASHION INSTITUTE OF TECHNOLOGY AND FASHION INSTITUTE OF TECHNOLOGY. UCE filed a unit clarification and/or placement petition seeking a finding that the positions of Instructor for certain precollege programs were either in or should be placed in the bargaining unit it represents. The ALJ dismissed the unit clarification portion of the petition, deferring to an arbitration award's contractual interpretation that found the positions to be contractually excluded from the unit. Finding that the same contractual section that excluded the positions from the unit also contained language permitting placement by PERB, the ALJ granted the unit placement petition and added the positions to the UCE represented unit. That the positions in question worked with precollege, rather than college, students, was found not to impair the strong community of interest. (ALJ Blassman, CP1004, 8/7/06).

PUBLIC EMPLOYEES FEDERATION AND STATE OF NEW YORK. The Director placed numerous positions in PEF's bargaining unit and deemed others not appropriate for inclusion in the bargaining unit, while also removing one title and designating other positions as managerial. (Director Klein, E2280, C5242, CP557, CP621, CP667, CP695, CP759, CP791, CP862, CP893, CP956, 8/25/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFLCIO AND COUNTY OF GREENE AND SHERIFF OF GREENE COUNTY. The ALJ granted a petition to fragment Corrections Officers and Corrections Sergeants employed by a County and Sheriff, jointly, from a unit of employees employed solely by the County, consistent with PERB's well settled uniting criteria. (ALJ Quinn, C5602, 8/29/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFLCIO AND COUNTY OF ALBANY. The positions of Crime Victims Therapist, Clerk Typist II, Child Therapist, Case Worker, Sexual Assault Therapist and Prevention Educator were added to the Albany County Department of Mental Health Unit represented by CSEA. The County did not oppose the addition of these titles to the unit and the parties stipulated to the community of interest shared by said employees and those in the unit. (ALJ Comenzo, CP1045, 8/31/06)

UNITED PUBLIC SERIVCE EMPLOYEES UNION AND VILLAGE OF HOOSICK FALLS. The ALJ determined that a bargaining unit of part-time police officers is the most appropriate notwithstanding that one full-time police officer is included in a bargaining unit of civilian employees that was not open to challenge. (ALJ Quinn, (C-5597, 10/16/06)

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Management / Confidential

SACHEM CENTRAL SCHOOL DISTRICT. Where the Senior Clerk Typist to the Assistant Superintendent for Personnel, Marilyn Harned, and the Senior Clerk Typist to the Assistant Personnel Administrator, Karen Keller, have a confidential relationship to managerial employees in the performance of their managerial responsibilities, confidential designations were warranted. In addition, where the Assistant Personnel Administrator (Interim), Denise Kleinman, performs managerial functions, as those are defined in the Act, a managerial designation was warranted. (ALJ Cacavas, E-2386, 01/13/06)

CITY OF ROME. The ALJ denied the City's application for the designation of a Director of Information Services as managerial or confidential. Contrary to the employer's argument, there was no evidence that the employee formulated policy or served in a confidential capacity to a managerial employee engaged in labor relations. Notwithstanding the large amounts of money that she spent to upgrade the City's information technology systems, and despite her input into the sorts of equipment to be purchased, her involvement in such decisions was entirely technical. (ALJ Quinn, E-2365, 2/1/06)

BEDFORD CENTRAL SCHOOL DISTRICT. The District's application, seeking to designate JoAnn Simone, Secretary to the Assistant Superintendent for Business; Christine Goodrow, Personnel Assistant to the Assistant Superintendent for Human Resources; and Anna DeCicco, Secretary to the Assistant Superintendent for Human Resources, as confidential within the meaning of §201.7(a) of the Act was granted upon the consent of CSEA. (ALJ Blassman, E-2390, 02/14/06)

SOUTH COUNTRY CENTRAL SCHOOL DISTRICT. The ALJ granted an application seeking to designate the Principal Account Clerk for the Accounting Department, Darlene Levi, as confidential within the meaning of the Act. The facts alleged were sufficient to support such a conclusion, and the employee consented to the designation. (ALJ Maier, E-2391, 3/3/06)

STATE OF NEW YORK. The Director designated numerous positions as managerial and placed numerous other positions into the bargaining unit: all by agreement of the parties. (Director Klein, E-2280, 3/14/06)

MINEOLA UNION FREE SCHOOL DISTRICT. The ALJ granted an application seeking to designate Elizabeth Rainha-Freitas, an Administrative Assistant II, as confidential within the meaning of the Act. The facts alleged were sufficient to support such a conclusion and the employee consented to the designation. (ALJ Maier, E-2396, 3/14/06)

BATAVIA CITY SCHOOL DISTRICT. Bette L. Rung, Secretary to Superintendent, and Julie A. Tybor, Secretary to Business Administrator, were designated as confidential in accordance with the criteria set forth in §201.7(a) of the Act. (ALJ Fitzgerald, E-2394, 4/7/06)

ITHACA CITY SCHOOL DISTRICT. The ALJ granted an application to designate Valerie Wilson, Senior Payroll Clerk, as confidential on consent of the employee organization that represents the title because the factual averments of the duties and responsibilities of the position as set forth in the application may support such designation. (ALJ Quinn, E-2395, 5/22/06)

PLAINEDGE UNION FREE SCHOOL DISTRICT. The District's application, seeking to designate Catherine Kelley, Secretary to the Superintendent of Schools, and Linda Pagano, Secretary to the Assistant Superintendent for Business and Administration, as confidential within the meaning of §201.7(a) of the Act was granted upon the consent of the Civil Service Employees Association, Inc., Local 1000. (ALJ Blassman, E2398, 7/26/06).

ELLWOOD UNION FREE SCHOOL DISTRICT. Where the Secretary to the Superintendent of Schools, Secretary to the Assistant Superintendent for Human Resources and Secretary to the Assistant Superintendent have a confidential relationship to managerial employees in the performance of their managerial responsibilities, confidential designations were warranted. (ALJ Cacavas, E2393, (8/10/06)

BRIDGEHAMPTON UNION FREE SCHOOL DISTRICT. Where Joyce Manigo, the District Clerk/Guidance Secretary reports directly to and serves in a confidential relationship to the Board of Education, as its executive assistant, and to the District Director of Guidance, a confidential designation is warranted. (ALJ Cacavas, E-2411, 11/1/06)

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Improper Practices

RONALD C. ELUMN AND STATE OF NEW YORK (OFFICE OF CHILDREN AND FAMILY SERVICES). The ALJ dismissed a charge which alleged that an employee who was implicated in the distribution of derogatory material directed at his supervisor had been the subject of an interrogation for reasons of union animus. The ALJ found that unsupported assertions of union animus are insufficient to prove retaliation under §§209-a.1(a) and (c) of the Act. Evidence of professional and personal animosity between an employee and his supervisor does not establish a showing of union-based animosity. Further, where evidence established that the person who made the decision which forms the basis of the charge had no knowledge of protected activity engaged in by Elumn, a violation will not be found. Here, the employee's computer revealed not only his involvement in the act which prompted the investigation, but far wider misuse of agency equipment and systems in blatant violation of established policies. The ALJ concluded that even if a prima facie case had been established, the employer had legitimate business reasons to interrogate the employee despite his status as a union representative. (ALJ Cacavas, U-24856, 1/3/06)

ORANGETOWN POLICEMEN'S BENEVOLENT ASSOCIATION AND TOWN OF ORANGETOWN. The ALJ dismissed an improper practice charge alleging that the Town violated §209-a.1(d) of the Act by refusing to provide information that the PBA needed to defend disciplinary charges having been brought against a unit employee. Noting that the charges were being prosecuted pursuant to the Rockland County Police Act, a disciplinary procedure for police officers that pre-dated Civil Service Law §75, the ALJ held that the right to obtain information, if any, derived from the procedures promulgated pursuant to that statutory scheme, not the Act. (ALJ Quinn, U-25733, 1/4/06)

FERN RUDIN-MOORE AND DISTRICT COUNCIL 37, AFSCME, AFL-CIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The charge, alleging that DC-37 violated § 209-a.2(c) of the Act when it failed to respond to Rudin-Moore's telephone calls, was dismissed. Although the record showed that a Local Executive Vice President had failed to return her calls, no violation was found since the Executive Vice President had earlier met with Rudin-Moore and had referred her to the appropriate division where DC-37 representatives were available and willing to assist her. Rudin-Moore had no right to choose the person who would represent her or to insist on representation in a manner contrary to the established procedures. (ALJ Blassman, U-25423, 1/12/06)

CONNETQUOT CLERICAL ASSOCIATION AND CONNETQUOT CENTRAL SCHOOL DISTRICT. The ALJ held that the District violated §209-a.1(a) of the Act when a member of its Board of Education attended a union meeting without authorization, at which negotiation strategy was being discussed. Based upon Whitesboro Central School District, 13 PERB 3009 (1980), the ALJ held that the conduct "constituted an inherently destructive interference" with rights guaranteed by §202 of the Act and, therefore, found a violation. (ALJ Maier, U-25723, 1/12/06)

DEVENDRA KUMAR JAIN AND TRANSPORT WORKERS' UNION, LOCAL 100 AND NEW YORK CITY TRANSIT AUTHORITY. Where a charging party failed to show that his union acted arbitrarily, discriminatorily or in bad faith, a violation will not be found. Mistake or mere negligence is insufficient to sustain a charge, as is a member's disagreement with his representatives' case handling. In addition, conduct, such as telling a union member to "shut up" which may be generally inappropriate on its face, is not violative of the Act if not also shown to be arbitrary, discriminatory or in bad faith. (ALJ Cacavas, U-25267, 1/13/06)

CURTIS BIRTHWRIGHT AND NEW YORK STATE UNITED TEACHERS. The Director dismissed the charge, finding that NYSUT is neither a public employee organization nor the bargaining agent. (Director Klein, U-26457, 1/17/06)

NORTHEASTERN CLINTON TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #2883 AND NORTHEASTERN CLINTON EDUCATIONAL SECRETARIES, NYSUT, AFT, AFL-CIO AND NORTHEASTERN CLINTON CENTRAL SCHOOL DISTRICT. The charges were deferred to the parties' contractual grievance procedures as the Associations intend to file grievances on the same facts as pled in the charges. (ALJ Comenzo, U-26227 & U-26229, 1/20/06)

BEEKMANTOWN TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #2493 AND BEEKMANTOWN SUPPORT STAFF ASSOCIATION, NYSUT, AFT, AFLCIO, LOCAL #3686 AND BEEKMANTOWN CENTRAL SCHOOL DISTRICT. The charges were deferred to the parties' contractual grievance procedures as the Associations intend to file grievances on the same facts as pled in the charges. (ALJ Comenzo, U-26228 & U-26234, 1/20/06)

NORTHERN ADIRONDACK TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #2884 AND NORTHERN ADIRONDACK CENTRAL SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association has filed a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-26231, 1/20/06)

AUSABLE VALLEY TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #2477 AND AUSABLE VALLEY CENTRAL SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association has filed a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-26235, 1/20/06)

WILLSBORO TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #3125 AND WILLSBORO CENTRAL SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association has filed a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-26241, 1/20/06)

SARANAC TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #2983 AND SARANAC CENTRAL SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association has filed a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-26242, 1/20/06)

MORIAH CENTRAL TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #2847 AND MORIAH CENTRAL SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association has filed a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-26243, 1/20/06)

PLATTSBURGH TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #2930 AND PLATTSBURGH CITY SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association has filed a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-26251, 1/20/06)

ASSOCIATE MEMBERS OF THE WESTPORT EDUCATION ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #3117 AND WESTPORT EDUCATION ASSOCIATION (TEACHER BARGAINING UNIT), NYSUT, AFT, AFL-CIO, LOCAL #3117 AND WESTPORT CENTRAL SCHOOL DISTRICT. The charges were deferred to the parties' contractual grievance procedures as one Association has filed a grievance and the other intends to file one on the same facts as pled in the charges. (ALJ Comenzo, U-26237 & U-26238, 1/20/06)

CROWN POINT NON-INSTRUCTIONAL ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #4946 AND CROWN POINT TEACHERS' ASSOCIATION, NYSUT, AFT, AFLCIO, LOCAL #2595 AND CROWN POINT CENTRAL SCHOOL DISTRICT. The charges were deferred to the parties' contractual grievance procedures as the Associations have filed grievances on the same facts as pled in the charges. (ALJ Comenzo, U-26232 & U-26233, 1/20/06)

TICONDEROGA TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #3050 AND TICONDEROGA CENTRAL SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association intends to file a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-26236, 1/20/06)

SCHROON LAKE CENTRAL SCHOOL TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #2994 AND SCHROON LAKE CENTRAL SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association intends to file a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-26240, 1/20/06)

CHAZY TEACHERS' ASSOCIATION, NYSUT, AFT, AFLCIO, LOCAL #2560 AND CHAZY CENTRAL RURAL SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association intends to file a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-26258, 1/20/06)

KEENE CENTRAL SCHOOL TEACHERS' ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #2766 AND KEENE CENTRAL SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association intends to file a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-26239, 1/23/06)

WESTCHESTER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION, INC. AND COUNTY OF WESTCHESTER. The charge, alleging that the County violated the Act when it unilaterally changed the method by which it calculated the number of vacation slots made available to correction officers during the year, was dismissed because the practice concerns a nonmandatory subject of bargaining. A change in the number of employees that can take vacation at any given time primarily affects staffing, and is not mandatorily bargainable, as long as the employer does not change the method by which vacation preferences are granted and the amount of vacation that employees may use is not diminished. In this case, the ALJ held that the practice concerned a nonmandatory subject of bargaining because it decreased the number of correction officers allowed to take vacation at the same time and increased staffing, without changing the method by which employee vacation preferences were granted and without reducing the number of vacation days the employees were able to take in 2004. (ALJ Blassman, U-24784, 1/24/06)

MINEOLA TEACHERS ASSOCIATION AND MINEOLA UNION FREE SCHOOL DISTRICT. The ALJ deferred to the grievance and arbitration procedure under the parties' collective bargaining agreement a charge alleging that the District had employees serve as volunteers and were, therefore, not paid for unit work. An allegation of direct dealing was found to be derivative of that portion of the charge based upon an arguable source of right under the collective bargaining agreement and a portion of the charge alleging a transfer of unit work was withdrawn pursuant to a settlement between the parties. (ALJ Maier, U-26338, 1/27/06)

SYRACUSE POLICE BENEVOLENT ASSOCIATION AND CITY OF SYRACUSE. The charge was deferred to the parties' contractual grievance procedure as the Association has filed grievances on the same facts as pled in the charge. (ALJ Comenzo, U-26391, 1/27/06)

AMALGAMATED TRANSIT UNION, LOCAL DIVISION 1321 AND CAPITAL DISTRICT TRANSPORATION AUTHORITY. The ALJ conditionally dismissed an improper practice charge where it was confirmed that the charging party has a grievance concerning the at-issue dispute that is proceeding to binding arbitration under the parties' expired collective bargaining agreement (ALJ Quinn, U-26133, 2/1/06)

MOHONASEN TEACHERS ASSOCIATION AND ROTTERDAM-MOHONASEN CENTRAL SCHOOL DISTRICT. The ALJ conditionally dismissed an improper practice charge where it was confirmed that the charging party has a grievance concerning the at-issue dispute that is proceeding to binding arbitration under the parties' expired collective bargaining agreement. (ALJ Quinn, U-26252, 2/1/06)

ORANGETOWN POLICEMEN'S BENEVOLENT ASSOCIATION AND TOWN OF ORANGETOWN. The ALJ held that the Act does not require an employer to provide information to an employee organization to defend disciplinary charges brought against a unit employee pursuant to the Rockland County Police Act. Therefore, the ALJ dismissed an improper practice charge alleging that the Town's failure to provide the information violated the Act. (ALJ Quinn, U-25534, 2/1/06)

PLUMBERS LOCAL UNION NO. 1, U.A., AFL-CIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The ALJ held that the employer violated 209-a.1(d) of the Act by failing to provide information to the union which it requested concerning the transfer of unit work to a private contractor. The portion of the charge, however, which alleged that the transfer of unit work was done in violation of the Act was dismissed as untimely since the charge was filed more than four months after the union was aware of the transfer of the unit work in question. The ALJ also dismissed the portion of the charge alleging a refusal to bargain upon demand over the transfer of the work, when the demand to bargain was made subsequent to the transfer, sought to bargain over the transfer, and the portion of charge alleging the transfer was untimely. (ALJ Maier, U-25883, 2/13/06)

LOCAL 106, TRANSPORT WORKERS UNION: TRANSIT SUPERVISORS ORGANIZATION AND MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY. The Director dismissed the charge as untimely. (Director Klein, U-26513, 2/15/06)

TODD GILBERT AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. The Director dismissed the charge because of numerous procedural and substantive deficiencies. (Director Klein, U-26516, 2/15/06)

PUBLIC EMPLOYEES FEDERATION, AFL-CIO AND STATE OF NEW YORK (DEPARTMENT OF HEALTH). The ALJ dismissed a charge alleging that a union officer was placed on administrative leave and temporarily reassigned in retaliation for exercising protected activity. Finding that the record did not support a conclusion that the employer representatives responsible for taking the adverse action had knowledge of his protected activity, the charge was dismissed. Additionally, a legitimate business reason existed to take the complained of action. (ALJ Cacavas, U-24786, 2/17/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, LIVINGSTON COUNTY LOCAL 826, LIVINGSTON COUNTY EMPLOYEES UNIT 7300 AND COUNTY OF LIVINGSTON. The charge was deferred to the parties' contractual grievance procedure as CSEA has filed a grievance on the same facts as pled in the charge. (ALJ Fitzgerald, U-25920, 2/17/06)

DUNKIRK TEACHERS' ASSOCIATION AND DUNKIRK CITY SCHOOL DISTRICT. The charge was deferred to the parties' contractual grievance procedure as the Association has filed a grievance on the same facts as pled in the charge. (ALJ Fitzgerald, U-26487, 2/17/06)

COUNTY OF ULSTER AND ULSTER COUNTY SHERIFF AND ULSTER COUNTY SHERIFF EMPLOYEES ASSOCIATION, CWA, LOCAL 1105, AFL-CIO. The ALJ dismissed an improper practice charge concerning the alleged denial of a unit employee's request for union representation during an investigatory interview that the employee reasonably believed could lead to discipline. Finding that the employee was entitled to such representation if he asked for it, the ALJ held that there was insufficient evidence to establish that the employee, in fact, requested union representation during the meeting. (ALJ Quinn, U-25697, 2/21/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, SOUTHERN TIER LOCAL 002 AND STATE OF NEW YORK (DEPARTMENT OF LABOR). The charge alleging that a union employee was terminated due to her request for union representation at a counseling session was dismissed as the record did not evidence that her termination would not have been sought absent the request. (ALJ Comenzo, U-24977, 2/23/06)

NEW YORK NURSES ASSOCIATION AND COUNTY OF CHENANGO. The ALJ conditionally dismissed an improper practice charge while a grievance concerning the merits of the dispute is processed under the terms of the parties' expired collective bargaining agreement which contains a grievance procedure that leads to binding arbitration. (ALJ Quinn, U-26047, 2/24/06)

BEEKMANTOWN SUPPORT STAFF ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL #3686 AND BEEKMANTOWN CENTRAL SCHOOL DISTRICT. The ALJ conditionally dismissed an improper practice charge while a grievance concerning the at-issue dispute runs its course under the parties' current collective bargaining agreement. (ALJ Quinn, U-26264, 2/24/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND COUNTY OF NASSAU. The charge alleged that the County violated §209-a.1(d) of the Act when it unilaterally changed the past practice of providing a reserved parking space to an employee of the County Clerk's Office. For twelve years, the County had given an employee the exclusive use of a reserved parking space in front of the office where she worked based upon her presentation of a medical note. The ALJ dismissed the charge, finding that evidence regarding the treatment of one employee, absent evidence that the benefit was either tied to the individual's position or that the employer had established a past practice that ran to the benefit of a group or class of employees, was insufficient to prove an unequivocal practice. (ALJ Blassman, U-25624, 2/28/06)

JENEROSO CARRASCO AND MTA/NEW YORK CITY TRANSIT. The Director dismissed for lack of standing a failure to bargain charge filed by an individual employee. (Director Klein, U-26541, 2/28/06)

DISTRICT COUNCIL 37, AFSCME, AFL-CIO, LOCAL 375 AND NEW YORK CITY TRANSIT AUTHORITY. The ALJ dismissed a charge alleging a violation of §209-a.1(d) when the NYCTA changed the practice of holding Civil Service Law, §75 hearings before an ALJ at the Office of Trials and Appeals and instead designated an NYCTA employee to hold the hearing. The ALJ found that the NYCTA had reserved the right to designate who it wished to hold the hearing and, assuming arguendo, the existence of the alleged practice, the NYCTA was privileged to act in accordance with the reservation of rights in the policy. (ALJ Maier, U-25910, 3/3/06)

JEFFREY KAUFMAN AND UNITED FEDERATION OF TEACHERS, LOCAL 2, AFT, AFL-CIO. The Director dismissed a charge that alleged that the union acted to weaken an employee's status as elected chapter leader for lack of jurisdiction over internal union affairs. (Director Klein, U-26477, 3/10/06)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 66, LOCAL 2442, AFL-CIO AND NIAGARA FALLS HOUSING AUTHORITY. The charge was deferred to the parties' contractual grievance procedure as AFSCME has filed a grievance on the same facts as pled in the charge. (ALJ Fitzgerald, U-26288, 3/14/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, AND STATE OF NEW YORK. The Director deferred the charge alleging a change in health insurance premiums to the parties' grievance procedure. (Director Klein, U-26508, 3/28/06)

UNITED UNIVERSITY PROFESSIONS AND STATE OF NEW YORK (STATE UNIVERSITY OF NEW YORK). The Director deferred the charge alleging a change in health insurance premiums to the parties' grievance procedure. (Director Klein, U-26522, 3/28/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, ORANGE COUNTY LOCAL 836, TOWN OF WALLKILL UNIT #7905 AND TOWN OF WALLKILL. The charge was deferred to the parties' contractual grievance procedure. (ALJ Comenzo, U-26488, 3/28/06)

PUBLIC EMPLOYEES FEDERATION, AFL-CIO AND STATE OF NEW YORK. The Director deferred the charge alleging a change in health insurance premiums to the parties' grievance procedure. (Director Klein, U-26525, 3/30/06)

BEEKMANTOWN SUPPORT STAFF ASSOCIATION, NYSUT, AFT, AFL-CIO, LOCAL 3686 AND BEEKMANTOWN CENTRAL SCHOOL DISTRICT. The ALJ conditionally dismissed an improper practice charge while a grievance concerning the merits of the dispute is processed under the terms of the parties' expired collective bargaining agreement which contains a grievance procedure that leads to binding arbitration. (ALJ Quinn, U-26366, 3/31/06)

ALICE ALTIERI AND AFSCME, COUNCIL 66, LOCAL 3933 AND ALBANY PUBLIC LIBRARY. An improper practice charge filed by a unit employee alleging that her bargaining agent had violated its duty of fair representation in various respects in its responses to her complaints regarding an employer request for a medical records release from her was dismissed. The allegation that the bargaining agent failed to provide an appeal mechanism for its grievance determination did not set forth a violation of the Act as no internal appeal of a bargaining agent's grievance determination is required. The remaining allegations were unsupported by the facts set forth in the charge as originally filed and in a written submission filed by the charging party thereafter. (ALJ Comenzo, U-26097, 4/3/06)

POLICE BENEVOLENT ASSOCIATION OF THE NEW YORK STATE TROOPERS, INC AND STATE OF NEW YORK (DIVISION OF STATE POLICE). In a decision concerning an alleged violation of §209-a.1 (d) of the Act, the ALJ found that PERB jurisdictional limitations over contractual disputes are not implicated in a charge that arguably involved enforcement of a contractual provision concerning a prohibited subject of negotiations. According to the ALJ, the charging party has no ability to enforce such contractual terms, as a matter of law. However, because the subject is a prohibited subject of negotiations, the ALJ dismissed the charge. At issue was an employees' right to obtain access to a union representative during an investigatory interview that the employee reasonably believed could result in discipline. (ALJ Quinn, U-22830, 4/4/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC, LOCAL 1000, AFSCME, AFLCIO, UTICA MUNICIPAL HOUSING AUTHORITY, LOCAL 833, UNIT 7755, AND UTICA MUNICIPAL HOUSING AUTHORITY. The Director dismissed the charge for failure to comply with several procedural requirements set forth in the Rules and for failing to plead exclusivity to work that had been transferred out of the unit. (Director Klein, U-26617, 4/5/06)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC AND STATE OF NEW YORK. The Director deferred the charge alleging a change in health insurance premiums to the parties' grievance procedure. (Director Klein, U-26518, 4/5/06)

NEW YORK STATE POLICE INVESTIGATORS ASSOCIATION, IUPA, LOCAL 4, AFLCIO AND STATE OF NEW YORK (DIVISION OF STATE POLICE). The Director deferred the charge alleging a change in health insurance premiums to the parties' grievance procedure. (Director Klein, U-26528, 4/5/06)

AMALGAMATED TRANSIT UNION, LOCAL NO 1342 AND NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC. The matter was deferred to the parties' contractual grievance procedure as the Local has filed a grievance on the same facts as pled in the charge. (ALJ Doerr, U-26577, 4/7/06)

ORANGETOWN POLICEMEN'S BENEVOLENT ASSOCIATION AND TOWN OF ORANGETOWN. A charge that the Town violated the Act by failing to respond by August 16, 2005 to a July 25, 2005 letter from the Association requesting impact negotiations was dismissed, as the mere passage of such period of time does not constitute a failure to bargain and as the circumstances of the Association's previous demand to bargain, made on June 27, 2005, and the Town's June 28, 2005 response, did not evidence a pattern of failure to respond or obstruction by the Town. (ALJ Comenzo, U-26146, 4/11/06)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, N.Y. COUNCIL 66 O/B/O ITS AFFILIATED AFSCME LOCAL 418, AFLCIO (CITY OF JAMESTOWN DEPARTMENT OF PUBLIC WORKS) and CITY OF JAMESTOWN. The charge was deferred to the parties' contractual grievance procedure as AFSCME has filed a grievance on the same facts as pled in the charge. (ALJ Marchant, U-26578, 4/12/06)

TRANSPORT WORKERS UNION, LOCAL 106, TRANSIT SUPERVISORS ORGANIZATION AND NEW YORK CITY TRANSIT AUTHORITY AND MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY AND SUBWAY SURFACE SUPERVISORS ASSOCIATION. Local 106 filed an improper practice charge alleging that the NYCTA, MABSTOA and SSSA violated the Act when they entered into a collective bargaining agreement that includes a parity provision. The ALJ dismissed the charge, finding that the contractual section in question does not constitute a parity provision. Although the provision agreed to the consolidation of certain work of the SSSA and Local 106 units, it did not make any payment or benefit to the SSSA employees contingent upon Local 106's agreement to consolidation. Nor was there any record evidence that the terms and conditions of Local 106 employees had changed as a result of the SSSA agreement. To the extent that the SSSA's agreement acted as a pressure upon Local 106 to agree in collective bargaining to a similar consolidation provision, the ALJ held that it was not the type of pressure that violated the Act. (ALJ Blassman, U-25419, 4/14/06).

GLEN COVE TEACHERS ASSOCIATION, NYSUT, AFT, AFLCIO AND GLEN COVE CITY SCHOOL DISTRICT. The charge which alleged the transfer of unit work to non-unit personnel was deferred to the parties' grievance procedure. The union had filed a grievance raising the same issue as set forth in the charge. (ALJ Maier, U-26455, 4/17/06)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC AND STATE OF NEW YORK (SUNY AT STONY BROOK). The charge was deferred to the parties' contractual grievance procedure as the Association has filed a grievance on the same facts as pled in the charge. (ALJ Comenzo, U-25643, 4/21/06)

BEEKMANTOWN SUPPORT STAFF ASSOCIATION, NYSUT, AFT, AFLCIO AND BEEKMANTOWN CENTRAL SCHOOL DISTRICT. The charge, which alleged the unilaterally reduction of wages of bus monitors, was deferred to the parties' grievance procedure. The union had filed a grievance raising the same issue as set forth in the charge. (Director Klein, U-26608, 4/28/06)

UNITED UNIVERSITY PROFESSIONS AND STATE OF NEW YORK (STATE UNIVERSITY OF NEW YORK - DOWNSTATE MEDICAL CENTER). The charge was deferred to the parties' contractual grievance procedure as the Association has filed grievances on the same facts as pled in the charge. (ALJ Comenzo, U-24804, 4/28/06)

NEW ROCHELLE SUPERIOR OFFICERS ASSOCIATION AND CITY OF NEW ROCHELLE. The ALJ dismissed a charge alleging that the City violated the Act by altering a policy on sick leave abuse. Based upon a stipulated record, the ALJ held that the employer simply established criteria to determine sick leave abuse, and terms and conditions of employment of unit members had not been affected. (ALJ Maier, U-26154, 4/21/06)

TROY UNIFORMED FIREFIGHTERS' ASSOCIATION, LOCAL 86, IAFF, AFLCIO AND CITY OF TROY. The ALJ conditionally dismissed an improper practice charge alleging a violation of §209a.1(d) of the Act. Noting that the parties' current collective bargaining agreement contains a maintenance of practices clause, the ALJ held that the matter was properly deferred to the parties' grievance procedure which provides binding arbitration. (ALJ Quinn, U-26207, 5/1/06)

COUNTY OF OSWEGO AND OSWEGO COUNTY SHERIFF AND OSWEGO COUNTY DEPUTIES ASSOCIATION. An improper practice charge alleging a violation of §209-a.2(b) for Association's submission to interest arbitration of demands which are nonmandatory or are nonarbitrable pursuant to §209.4(g) of the Act was sustained as to demands regarding scheduling change to a longer workday and increased annual leave, and dismissed as to the demand concerning overtime compensation. (ALJ Fitzgerald, U-26297, 5/3/06)

TEAMSTERS LOCAL 264, INTERNATIONAL BROTHERHOOD OF TEAMSTERS AND JAMESTOWN BOARD OF PUBLIC UTILITIES. A charge alleging that the Employer improperly reduced the number of workers on each truck while increasing the number of recycling routes to be covered was deferred to the parties' contractual grievance procedure. (ALJ Doerr, U-26248, 5/3/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC, LOCAL 1000 AFSCME, AFLCIO AND COUNTY OF NASSAU. The ALJ held that a work rule requiring that employees who come into unsupervised or regular and substantial contact with minors be fingerprinted was a nonmandatory subject of bargaining. A balancing of interests weighed in favor of the employer's need to protect minors from employees who had a criminal history of child molestation, which was the purpose for which the rule was adopted. (ALJ Maier, U-25640, 5/8/06)

DAVID FRANCIS AND TRANSPORT WORKERS UNION, LOCAL 100. The Director dismissed a charge for lack of jurisdiction over internal union affairs. (Director Klein, U-26668, 5/9/06)

TOWN OF HIGHLANDS POLICEMEN'S BENEVOLENT ASSOCIATION AND TOWN OF HIGHLANDS. The ALJ dismissed an improper practice charge which alleged that the Town failed to ratify a collective bargaining agreement in a timely fashion. According to the ALJ, absent evidence that ratification was a necessary component in the parties' bargaining relationship, the Town had no right of ratification in the first place. Therefore, the ALJ found that there was no delay in the ratification. According to the ALJ, the parties reached an agreement cognizable under the Act when it was reduced to a writing and signed by the Town Supervisor, irrespective of whether it had been ratified by the Town Board. (ALJ Quinn, U-25631, 5/15/06)

BETSY A. KELLEY AND NEW YORK STATE UNITED TEACHERS. The Director dismissed a charge that NYSUT breached its duty of fair representation inasmuch as NYSUT owes no duty to any employee because it is neither an employee organization nor a bargaining agent. (Director Klein, U-26741, 5/17/06)

KINGS POINT PATROLMEN'S BENEVOLENT ASSOCIATION AND INCORPORATED VILLAGE OF KINGS POINT. The PBA's charge, alleging that the Village violated the Act when it unilaterally began requiring unit members to submit a physician's note when returning to work from an illness of more than one day duration, was deferred upon the parties' agreement to a pending grievance. (ALJ Blassman, U-26448, 5-17-06)

UNITED PUBLIC SERVICES EMPLOYEES UNION AND SOUTHAMPTON UNION FREE SCHOOL DISTRICT. A charge was deferred to the parties' grievance and arbitration process. A grievance was filed which raised the same issues as set forth in the charge, and the parties consented to defer the matter to arbitration. (ALJ Maier, U-26555, 5/15/06)

PAUL ANDREU AND METROPOLITAN TRANSPORTATION AUTHORITY BUS COMPANY. The charge, alleging that the MTA Bus Company violated §§209-a.1 (a) and (c) of the Act when it terminated Andreu's employment, was dismissed for failure to prove that the action would not have occurred but for Andreu's involvement in union organizing and other protected activity. The record showed that the management of the bus company for whom Andreu had worked had been recently taken over by the MTA Bus Company, that Andreu's supervisor knew that Andreu had previously left the employ of MTA Bus Company under accusations that he had falsified his time records, and the supervisor began to investigate Andreu's time records in response to Andreu's lateness on a day when Andreu's presence had been especially important. Andreu's failed to prove disparate treatment or that his lateness and record keeping was in accordance with an alleged practice of allowing employees ten minutes lateness. (ALJ Blassman, U-26005, 5/22/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC, LOCAL 830, AFSCME, AFLCIO AND COUNTY OF NASSAU. The County's revocation of take-home use privileges for a County-owned vehicle did not violate the Act where the evidence established that the original assignment of the vehicle to a deputy sheriff was not made by someone so authorized to act and there was no proof to establish that the County Sheriff, who held that authority, had delegated such or even had knowledge that an assignment had been made. The ALJ held that the law requires a charging party to prove the employer's knowledge of the practice and that it was not conditional. (ALJ Cacavas, U-25575, 5/30/06)

EVELYN GONZALEZ AND NEW YORK CITY TRANSIT AUTHORITY, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY AND TRANSIT WORKERS UNION LOCAL 100. The Director dismissed the charge as untimely and for lack of standing. (Director Klein, U-26772, 6/1/06)

DISTRICT COUNCIL 37, LOCAL 1359, AFSCME, AFLCIO AND STATE OF NEW YORK (DIVISION OF HOUSING AND COMMUNITY RENEWAL). The Director deferred the charge alleging a change in health insurance premiums to the parties' grievance procedure. (Director Klein, U-26738, 6/12/06)

TEAMSTERS LOCAL 264A, INTERNATIONAL BROTHERHOOD OF TEAMSTERS AND VILLAGE OF CATTARAUGUS. The Director dismissed the charge alleging that the Village violated the duty to bargain when it decided to abolish its garbage pickup operations and eliminated a position. The Director also dismissed the allegation that the Village refused to bargain when it moved from a two-person to a one-person snow plow operation. Also dismissed were the alleged violations of §§209-a.1(a) and (c), there being no facts to arguably establish unlawful intent or retaliation for the engagement in protected activity. (Director Klein, U-26773, 6/13/06)

RYE BROOK PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 4041, IAFF, AFLCIO AND VILLAGE OF RYE BROOK. The ALJ dismissed a charge which alleged that the employer violated the Act when it staffed its newly constructed fire house with a fire fighter from a neighboring Village during night hours. The evidence established that those nonunit employees had always worked the night shift, only they did so from a remote location. Finding the work in question to be the provision of fire services, rather than staffing the firehouse, the ALJ concluded that unit employees lacked exclusivity. The charge was upheld as to its claim that the employer refused a request to negotiate the impact of its decision. (ALJ Cacavas, U-25651, 6/15/06)

SUFFOLK COUNTY ASSOCIATION OF MUNICIPAL EMPLOYEES AND COUNTY OF SUFFOLK. The ALJ dismissed a charge alleging a violation of §§209-a.1(a) and (d) of the Act when the County unilaterally terminated portions of the collective bargaining agreement regarding union release time. The ALJ found that the County's decision to terminate the provisions predated the exercise of any protected activity, and the termination was therefore unrelated to the exercise of this activity. Additionally, he found that there was a right under the collective bargaining agreement to terminate the clause in issue. (ALJ Maier, U-25223, 6/15/06)

BUFFALO TEACHERS FEDERATION AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO. The charge was deferred to the parties' contractual grievance arbitration procedure as the BTF has filed a grievance on the same facts as pled in the charge. (ALJ Doerr, U-26167, 6/21/06)

KAYSE A. KONIECZNY, AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC, LOCAL 1000, AFSCME, AFLCIO AND STATE OF NEW YORK (DIVISION OF PAROLE). A charge alleging that CSEA violated its duty of fair representation was dismissed when the charging party failed to appear at a conference. Repeated requests for adjournments of prior scheduled conferences, culminating in her failure to appear was deemed to be an abandonment of the charge. (ALJ Doerr, U-25965, 6/21/06).

FREEPORT POLICE BENEVOLENT ASSOCIATION AND VILLAGE OF FREEPORT. A charge alleging a change in a prescription drug plan was deferred to the parties' grievance and arbitration procedure. A grievance was filed which alleges the same issue as set forth in the charge, and the parties consented to the matter being deferred. (ALJ Maier, U-26574, 6/27/06).

LOCAL UNION 1969, CIVIL SERVICE EMPLOYEES, IUPAT, AFLCIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AND LOCAL 891, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFLCIO. The ALJ held that the union failed to demonstrate that work was performed exclusively by its members regarding painting in a particular program, and therefore dismissed a charge alleging a transfer of unit work in violation of 209a.1(d) of the Act. There was no basis upon which to find a discernible boundary since a reasonable relationship could not be drawn between the duties performed and criteria such as time period or geographic location. The main distinguishing feature of this program was its funding source, which is not a criteria related to the performance of duties. The ALJ did hold, however, that the employer failed to provide information as requested concerning the transfer of this unit work, and that it did not bargain upon demand concerning the transfer of the work, and therefore violated the Act. (ALJ Maier, Case No. U25506, 7/11/06)

YONKERS POLICE ASSOCIATION AND CITY OF YONKERS. The ALJ held that the City violated the Act by unilaterally implementing an evaluation procedure. The City's primary defense of waiver based upon the management rights clause was rejected. (ALJ Maier, Case No. U25381, 7/11/06)

TEAMSTERS LOCAL 182, INTERNATIONAL BROTHERHOOD OF TEAMSTERS AND TOWN OF PITTSFIELD. The Director dismissed the charge because it did not clearly and concisely identify the conduct alleged to constitute the violation. (Director Klein, U26853, 7/20/06)

SULLIVAN COUNTY BOCES TEACHERS ASSOCIATION, NYSUT, AFT, AFLCIO AND SULLIVAN COUNTY BOCES. The Director dismissed as untimely the charge alleging a change in practice concerning the observation, evaluation, mentoring and professional development assistance provided to a unit employee. (Director Klein, U26216, 7/31/06)

EVA GOGER AND TRANSPORT WORKERS UNION, LOCAL 100. The Director dismissed the charge, as amended, because the amendment was unsworn and did not identify any wrongful conduct occurring within four months of the filing of the charge. (Director Klein, U26894, 8/3/06)

LAW ENFORCEMENT EMPLOYEES BENEVOLENT ASSOCIATION AND CITY OF NEW YORK. The Director dismissed the charge alleging that the City of New York violated several provisions of the Act for lack of jurisdiction and for failure as a matter of law to plead facts which would arguably establish any breach of the enumerated subdivisions of the Act. (Director Klein, U26901, 8/3/06)

WESTCHESTER COUNTY DEPARTMENT OF PUBLIC SAFETY POLICE BENEVOLENT ASSOCIATION, SUPERIOR OFFICERS UNIT AND COUNTY OF WESTCHESTER. Where job qualifications changed substantially, the assignment of a nonunit member to direct civilian and a police training program was not violative of the Act. The County's interests in revamping the training program and redeveloping its training mission outweighed the minimal detriment to the unit, which lost no jobs or benefits. (ALJ Cacavas, U25136, 8/7/06)

DEPUTY SHERIFF'S BENEVOLENT ASSOCIATION OF ONONDAGA COUNTY, INC. AND COUNTY OF ONONDAGA AND SHERIFF OF ONONDAGA COUNTY. The ALJ deferred an improper practice charge to the parties' contractual grievance procedure finding that the dispute in issue was subject to a claim under the contractual maintenance of practices clause. (ALJ Quinn, U26763, 8/7/06)

MAURICE G. LEWIS AND AMALGAMATED TRANSIT UNION LOCAL 1056, AFLCIO. The ALJ dismissed a charge alleging that the union violated its duty of fair representation by failing to respond to the Lewis' inquiries. The evidence demonstrated that the union had responded to Lewis' inquiry concerning a grievance he filed. The union advised him of its position, and Lewis was aware that the union did not support taking his grievance to arbitration. Since he was aware of this position, and advised the union that it did not have to respond if it did not intend to seek arbitration, no further action by the union was warranted. Accordingly, his charge was dismissed. (ALJ Maier, U26165, 8/8/06).

UNIFORMED FIREFIGHTERS OF COHOES, LOCAL NO. 2562, IAFF, AFLCIO AND CITY OF COHOES. The ALJ held that the employer unlawfully granted a benefit to a unit employee in excess of that to which he was otherwise entitled in violation of the Act upon finding that the employer permitted the employee to undertake a training program on the employer's time contrary to the procedural requirements under the parties' collective bargaining agreement. However, contrary to the charge, the ALJ found no evidence of direct dealing. (ALJ Quinn, U26052, 8/8/06)

LOUISE S. HARRISON AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AND UNITED FEDERATION OF TEACHERS. The Director dismissed the charge against the employer for failing to plead facts which would arguably establish that it intentionally acted to interfere with employee rights. The charge was dismissed against the Union for failure to plead facts which would arguably establish its conduct as arbitrary, discriminatory or in bad faith. The charge was also dismissed because, as amended, it was unsworn. (Director Klein, U26900, 8/9/06)

NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. AND STATE OF NEW YORK (DEPARTMENT OF CORRECTIONAL SERVICES). The ALJ conditionally dismissed an improper practice charge and deferred the dispute to the parties' contractual grievance procedure finding that the expired agreement provided the charging party with a reasonably arguable source of right. (ALJ Quinn, U25441 & U25442, 8/10/06).

PROGRAM ASSOCIATES ORGANIZATION AND ALBANY SCHOHARIE SCHENECTADY SARATOGA BOARD OF COOPERATIVE EDUCATIONAL SERVICES. The charge was deferred to the parties' contractual grievance procedure as the Association has filed a grievance on the same facts as pled in the charge. (ALJ Comenzo, U26769 & U26777, 8/14/06)

COUNTY OF SULLIVAN AND SULLIVAN COUNTY SHERIFF. The ALJ determined the arbitratibility of certain bargaining proposals submitted to compulsory interest arbitration under §209.4(g) of the Act which grants limited interest arbitration to Deputy Sheriffs. The ALJ found that demands concerning the rate of accrual of paid time off, and the right to convert such accumulated leave to cash or health insurance premiums were not arbitrable because they did not directly relate to compensation as required by the Act. Conversely, the ALJ held that the rate of pay for hours worked in excess of regularly scheduled tours of duty or eight hours a day are arbitrable because they are directly related to compensation. Finally, the ALJ held that a demand for a General Municipal Law §207c procedure is not arbitrable, likening the procedure to disciplinary procedures which are among the nonarbitrable items specified by the Act. (ALJ Quinn, U26671, 8/15/06)

PROFESSIONAL STAFF CONGRESS/CUNY AND CITY UNIVERSITY OF NEW YORK. The Director dismissed the charge as untimely and for failing to set forth facts which would establish a prima facie case. (Director Klein, U26954, 8/16/06)

POLICE ASSOCIATION OF THE TOWN OF HARRISON AND TOWN/VILLAGE OF HARRISON. Where issue raised in an improper practice charge was previously addressed by the parties in a settlement agreement, PERB lacks jurisdiction over the charge. The jurisdictional bar under §205.5(d) of the Act is not limited to collective bargaining agreements nor will it function only when the settlement is expressly incorporated into the contract between the parties. Even if the contractual grievance procedure is not applicable, there lies a judicial forum for resolution. As such the improper practice charge was properly conditionally dismissed subject to a motion to reopen. (ALJ Cacavas, U25509, 8/16/06)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFSCME COUNCIL 66, LOCAL 2419 BENTE AND ROCHESTER CITY SCHOOL DISTRICT. The District was found to have violated §209a.1(a) and (d) of the Act when it compensated a Legal Secretary II in excess of that agreed upon in the parties' collective bargaining agreement, and amendment thereto, and when it negotiated the wage rate directly with the employee. (ALJ Doerr, U26357, 8/17/06)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, NEW YORK COUNCIL 66 and its affiliated AFSCME LOCAL 1095, AFLCIO AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFLCIO, ERIE UNIT OF LOCAL 815 AND COUNTY OF ERIE AND ERIE COUNTY MEDICAL CENTER. The County of Erie and the Erie County Medical Center Corporation (ECMCC or Employer) was found to have violated the Act by unilaterally implementing a policy whereby employees in the AFSCME and CSEA bargaining units who transferred or bumped into positions at ECMCC pursuant to contractual or civil service rights, were subject to drug and alcohol screening and criminal background checks, pursuant to a policy applicable to prospective employees. The Employer's argument that unit employees may be subjected to the new hire policy was rejected on the basis that Public Authorities Law §3629, which created ECMCC as a public benefit corporation, explicitly provided protections to unit employees continuing those employment and contractual benefits in effect at the time of the transfer to public benefit corporation status. Further, in balancing the interests of the parties for purposes of determining the negotiability of the policy, the Employer's assertion that drug and alcohol screening and criminal background checks were warranted simply because all hospital employees have an impact on patient care, was outweighed by the substantial privacy and employment interests of the unit employees. (ALJ Fitzgerald, U25769 and U26164, 8/17/06)

ELMIRA PROFESSIONAL FIREFIGHTERS' ASSOCIATION, LOCAL 709, CHEMUNG COUNTY LABOR ASSEMBLY, AFLCIO, NEW YORK STATE PROFESSIONAL FIRE FIGHTERS, IAFF AND CITY OF ELMIRA. The ALJ conditionally dismissed an improper practice charge finding that the parties' current collective bargaining agreement provided the charging party with a reasonably arguable source of right with respect to the atissue dispute. (ALJ Quinn, U26809, 8/21/06)

JONES BEACH LIFEGUARD CORPS AND RON RODGERS AND NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC. The Director dismissed the charge alleging a breach of the duty of fair representation for lack of standing, inasmuch as only unit employees have standing to file such charge. Moreover, pleaded facts were insufficient to establish the union's conduct as arguably arbitrary, discriminatory or in bad faith. (Director Klein, U26973, 8/22/06)

VELMA DAVIS AND WESTCHESTER COUNTY HEALTH CARE CORPORATION. The Director dismissed the charge alleging that the employer violated the Act because it was devoid of facts to establish that the employer intentionally interfered with employee rights or that it dominated the formation or administration of an employer organization. The alleged violation of §209a.2 (a) of the Act was dismissed because only employee organizations can violate that subdivision of the Act. (Director Klein, U26975, 8/22/06)

CHENANGO FORKS TEACHERS ASSOCIATION, NYSUT/AFT/AFLCIO, LOCAL 2561 AND CHENANGO FORKS CENTRAL SCHOOL DISTRICT. The District was found in violation of §209a.1(d) of the Act by unilaterally announcing to current employees the termination of reimbursement of Medicare Part B premiums upon their retirement. (ALJ Comenzo, U24520, 8/22/06)

JOSE I. MINAYA AND UNITED FEDERATION OF TEACHERS, LOCAL 2, AFT, AFLCIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. Where the evidence revealed that the charging party was frustrated with the delay of the grievance process and based his claim on his belief that the union was not pursuing his case as aggressively as he would have liked, no violation of the Act could be found. In addition, the union's refusal to provide the charging party with an attorney representative does not establish a viable cause of action. (ALJ Cacavas, U25807, 8/23/06)

SUFFOLK COUNTY POLICE BENEVOLENT ASSN, INC. AND COUNTY OF SUFFOLK. The ALJ dismissed the PBA's charge that alleged that the County had violated §209a.1(d) of the Act when it ordered its police officers to wear nameplates on the outside of their uniform at all times. The ALJ rejected the County's argument that a contractual provision that set up a joint uniform and safety committee that issued only recommendations constituted a waiver of the PBA's right to bargain or served as a basis for a duty satisfaction defense. The charge was dismissed on the ground that the subject was not mandatorily bargainable. (ALJ Blassman, U26202, 8/24/06).

JOAN B. NEWMAN AND UNITED FEDERATION OF TEACHERS AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Director dismissed the charge as untimely and for failure to plead facts to arguably establish the union's conduct as arbitrary, discriminatory or in bad faith. (Director Klein, U27014, 9/13/06)

MANHASSET EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION, NYSUT, AFT, AFL-CIO AND MANHASSET UNION FREE SCHOOL DISTRICT. The ALJ found that the District violated §209-a.1(d) of the Act by transferring the unit work of student transportation from home to public schools and to athletic events, field trips and summer school, and transferring the ground equipment maintenance and repair services to non-unit employees. The ALJ found a discernible boundary around the transportation of students from home to public school, and that any breach of that boundary did not defeat the union's claim of exclusivity. The transfer of the other work in issue was also violative of the Act since it had either been exclusively performed or the instances when non-unit employees did the work were insignificant. (ALJ Maier, U-26091, 10/16/06)

ORANGETOWN POLICEMEN 'S BENEVOLENT ASSOCIATION AND TOWN OF ORANGETOWN. The Town was found to have violated §209-a.1(d) of the Act when it unilaterally prohibited video or audio taping medical examinations conducted by the Town's appointed physician for purposes of determining initial eligibility for benefits. (ALJ Comenzo, U-25717, 10/17/06)

TOWN OF SOUTHOLD AND CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO. The Town did not violate the Act by issuing a memorandum reminding the Senior Bay Constable that it was a Code of Ethics violation for him to engage privately in commercial fishing. While generally an employer's restriction on employees' use of free time is a mandatory subject of negotiations, here the prohibition on the outside employment was longstanding and, even under a balancing analysis, the interests of the Town outweigh those of the employees. The ALJ further held that where no cause of action had been pleaded on a failure to engage in impact negotiations and no demand for impact bargaining had been made, such a claim would not be entertained. (ALJ Cacavas, U25566, 10/17/06).

ROCHESTER TEACHERS ASSOCIATION AND ROCHESTER CITY SCHOOL DISTRICT. The Director dismissed the charge alleging breach of an agreement for lack of jurisdiction and dismissed the alleged violation of §209-a.1(e) because there was no claim that an agreement expired. (Director Klein, U-27076, 10/18/06)

WILLIAM SEFF AND TRANSIT WORKERS UNION, LOCAL 100 AND NEW YORK CITY TRANSIT AUTHORITY. The Director dismissed the charge alleging that the Transit Workers Union, Local 100 and the New York City Transit Authority violated the Act when it agreed to end release time for certain union officers as untimely. Even if timely, the Director ruled that the charge is deficient absent facts to arguably establish that the conduct was intended to interfere with employee rights under the Act. (Director Klein, U-27083, 10/23/06)

ANDRE B. DUVAL AND TRANSPORT WORKERS UNION, LOCAL 100. The Director dismissed the charge alleging a breach of the Union's duty of fair representation inasmuch as a mere difference of opinion concerning litigation strategy or claim of ineffective representation does not establish the Union's conduct as arbitrary, discriminatory or in bad faith. (Director Klein, U-27096, 10/25/06)

SHELLY MONIQUE WHITFIELD-ORTIZ AND UNITED FEDERATION OF TEACHERS AND THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The Director dismissed the charge because it was illegible, did not comply with several procedural requirements of the Rules and was pled in conclusory terms only. (Director Klein, U-27112, 10/25/06)

CLARENCE TEACHERS ASSOCIATION, NYSUT, AFT, AND CLARENCE CENTRAL SCHOOL DISTRICT. Improper practice charge, alleging that the District violated the Act by refusing to honor an agreement with the Association to allow teachers to self fund an insurance plan rider after it was removed from the benefit plan through negotiations, was dismissed. Association's assertion that an agreement was reached based on the fact that the District was aware that the Association was exploring an option of self funding the benefit with Blue Cross/Blue Shield and did not object, was rejected. The evidence was that the negotiators agreed to drop the rider, the tentative agreement was ratified on that basis, and the proposal to self fund the benefit was an independent effort of the union. (ALJ Fitzgerald, U-26281, 10/25/06)

LAKE CITY POLICE CLUB AND CITY OF OSWEGO. The City of Oswego was found to have violated §209-a.1(d) of the Act when it unilaterally implemented a requirement that PBA unit employees submit receipts to obtain reimbursement for meals. While the PBA filed a grievance complaining of the same facts as alleged in the charge deferral was denied as the City interposed timeliness as a defense. (ALJ Doerr, U-26682, 10/26/06)

CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO AND COUNTY OF NASSAU. The ALJ held that the County violated §209-a.1(d) of the Act by requiring employees to complete and sign return to work agreement specifying conditions they must meet if convicted of a drug or alcohol violation, and by requiring them to report convictions for such violations within five days of the date of conviction. The ALJ rejected the defense that bargaining was not required by virtue of the federal Drug Free Workplace Act. A portion of the charge alleging that employees were required to complete a form was dismissed since it did not require employee participation. (ALJ Maier, U-25750, 10/31/06)

MINEOLA UNION FREE SCHOOL DISTRICT (CLERICAL SECRETARIAL EMPLOYEE ASSOCIATION) AND MINEOLA UNION FREE SCHOOL DISTRICT. The Director dismissed the charge as untimely inasmuch as the at-issue violation occurred more than four months prior to the filing of the charge. As to acts that occurred within the four month period imposed by the Rules, the Director dismissed the charge finding that the pleaded facts did not arguably establish a violation of the enumerated subdivisions of the Act. (Director Klein, U-27097, 11/1/06)

COUNCIL OF SCHOOL SUPERVISORS AND ADMINISTRATORS, LOCAL 1, AFSA, AFL-CIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. CSA's charge, alleging that the District violated the Act when it changed Anniversary (Brooklyn-Queens ) Day from a non-working holiday to a workday and failed to compensate unit members who worked that day at the contractually required rate, was deferred on the merits to the parties' grievance mechanism, since the collective bargaining agreement provides an arguable source of right to CSA. CSA's objection that the charge could not be deferred because it also raises a §209a.1(a) allegation, was found to be without basis, since the interference allegation was derivative of the §209-a.1(d) and (e) allegations. (ALJ Blassman, U-26789, 11/9/06)

ROGER R. DELGADO AND TEAMSTERS LOCAL 237, LONG ISLAND DIVISION, INTERNATIONAL BROTHERHOOD OF TEAMSTERS AND TOWN OF ISLIP. Delgado's charge against Teamsters Local 237, alleging violation of §209-a.2(c) of the Act, was dismissed for failure to appear at the conference and to respond to the notice requesting good and sufficient notice for the failure to appear. (ALJ Blassman, U-26749, 11/13/06).

TOWN OF CHEEKTOWAGA EMPLOYEES ASSOCIATION AND TOWN OF CHEEKTOWAGA. The Town violated the Act when the Town Highway Superintendent changed the practice regarding the scheduling of winter season shifts in retaliation for the Town and the Association settling a grievance regarding early shift call-in pursuant to the terms of the collective bargaining agreement. The Highway Superintendent's behavior in regard to statements made at a labor management meeting, the unilateral change in increasing the number of employees on second and third shifts and assignment of individuals to those shifts, attempts to persuade the Association thereafter to change the grievance settlement, and convening a meeting with employees to present that proposal prior to the Association's response, evidenced interference and coercion with the exercise of employees' rights under the Act. The unilateral change in the practice of winter shift scheduling and refusal to negotiate on the Association's demand, also violated the Town's duty to negotiate the assignment of employees to fill the shifts set by the employer. (ALJ Fitzgerald, U-26420, 11/15/06)

JAMES H. GOULD AND CIVIL SERVICE EMPLOYEES ASSOCIATION, LOCAL 8350. The Director dismissed the charge as untimely and because the subdivision(s) of the Act allegedly violated were not identified. (Director Klein, U-27172, 11/28/06)

UNITED FEDERATION OF TEACHERS, LOCAL 2, AFT, AFL-CIO AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF NEW YORK. On a motion to dismiss for failure to state a prima facie case, mere disagreement with the union's decision to not pursue a grievance does not establish a claim. Conclusory allegations of bad faith and arbitrariness, without more, fail to support a charge. Even a claim that the union relied upon erroneous information does not establish a violation since negligence alone is not actionable under the Act. As such, the motion was granted. Regarding a claim that the cause of action was untimely, the respondent mistakenly relied upon the date on the letter providing notice, rather than the date of receipt. Further, the filing date of the charge is the date that the charge was postmarked so long as a deficiency noted therein was subsequently cured. The motion was denied as to the timeliness defense. (ALJ Cacavas, U-26672, 11/29/06)

COUNCIL OF SCHOOL SUPERVISORS AND ADMINISTRATORS, LOCAL 1, AFSA, AFL-CIO AND THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK. The ALJ deferred the charge to the parties' grievance procedure. The charge alleged that unit members were compensated without the District having bargained with the union. Since a grievance raised the same issue, and the grievance procedure ended in binding arbitration under the expired contract, the charge was deferred. (ALJ Maier, U-26753, 12/7/06)

ABBOT SCHOOL TEACHERS' ASSOCIATION AND ABBOT UNION FREE SCHOOL DISTRICT. The ALJ dismissed a charge which alleged that the District unilaterally changed the past practice of allowing unit members one hour grace time in a thirty day periods before being determined to be late to work. The ALJ agreed with the District's assertion that under Florida Union Free School District, 31 PERB 3056 (1998), that it was able to revert to the terms of the agreement. Accordingly, the charge was dismissed. (ALJ Maier, U-26710, 12/6/06)

LOUIS H. SCHMIDT AND COUNTY OF ERIE AND ERIE COUNTY SHERIFF. The Director dismissed the charge inasmuch as an employer cannot violate §209-a.2(c) of the Act and transmission to the agency by facsimile is not filing within the meaning of its Rules. (Director Klein, U-27170, 12-6-06)

STEVEN TAAFFE AND TRANSPORT WORKERS UNION, LOCAL 100 AND NEW YORK CITY TRANSIT AUTHORITY AND MANHATTAN and BRONX SURFACE TRANSIT OPERATING AUTHORITY. Where a charge was brought seven months after the date of the action complained of, it is barred by PERB's four month period of limitation. Furthermore, where a union engaged in numerous attempts to block the employer's use of a consolidated seniority list for two separate group of employees, but failed in its efforts, an employee's dissatisfaction with the outcome does not establish a violation of the Act. Absent a showing of conduct which is in bad faith, arbitrary or discriminatory, a claim for a breach of the duty of fair representation does not lie. (ALJ Cacavas, U-26607, 12/11/06)

AMALGAMATED TRANSIT UNION, LOCAL 1342 AND NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC. The charge was deferred to the parties' contractual grievance procedure as the Association has filed a grievance on the same facts as pled in the charge. (ALJ Doerr, U-26676, 12/13/06)

JOHNSON CITY PROFESSIONAL FIREFIGHTERS, LOCAL 921 AND VILLAGE OF JOHNSON CITY. The ALJ dismissed a charge alleging, as amended, that the Village violated §209-a.1(d) of the Act finding that the Village and the Firefighters intended by memorandum of agreement to sunset a temporary "24 hour schedule", that the Village's failure to extend the temporary schedule before the sunset date was outside the jurisdiction of PERB and that the two week extension of the temporary schedule beyond the sunset date was not long enough in time to establish a past practice. The ALJ also dismissed a claim of a unilateral change of a past practice regarding the implementation of the previously bid work and vacation schedules for the next year finding the record deficient on the issue of the past practice and the Village did engage in impact negotiations on the conflicts created by schedule change. (ALJ Marchant, U-26127, 12/14/06)

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