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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

State v. New York State Public Employment Relations Board

The Communications Workers of America/Graduate Employees Union (CWA) petitioned the Public Employment Relations Board (PERB) to be certified as the bargaining representative for graduate and teaching assistants at State University of New York (SUNY) campuses. Initially, PERB's Director dismissed the petition, concluding that these assistants were not 'public employees' under the Taylor Law, applying a balancing test. PERB subsequently rejected this balancing test, establishing a new standard focused on the existence of a regular and substantial employment relationship not explicitly excluded by the Legislature. Under this new standard, PERB reversed the Director's decision, determining that graduate and teaching assistants are covered employees and constitute an appropriate bargaining unit. SUNY then initiated a CPLR article 78 proceeding to annul PERB's determination, arguing legal error in PERB's adopted test and that collective bargaining for academic issues violated public policy. The court upheld PERB's interpretation as reasonable and legally permissible, affirming PERB's determination and dismissing SUNY's petition.

Collective BargainingPublic EmployeesTaylor LawGraduate AssistantsTeaching AssistantsPublic Employment Relations BoardPERBCivil Service LawEmployment RelationshipPublic Policy
References
14
Case No. MISSING
Regular Panel Decision
Mar 29, 1978

Town of Huntington v. Public Employment Relations Board

This proceeding, pursuant to CPLR article 78, reviews a determination by the Public Employment Relations Board (PERB) dated March 29, 1978. PERB had certified Local 342, Long Island Public Service Employees as the representative for a unit of workers employed by the Town of Huntington. The court confirmed the determination and dismissed the proceeding on the merits. The decision noted that substantial evidence supported PERB's designation of a negotiating unit for 53 blue-collar employees and the senior beach manager. The court found a rational basis for PERB's determination, reflecting careful consideration of appropriate factors.

Public EmploymentCollective BargainingEmployee RepresentationLabor RelationsPERBNegotiating UnitBlue-collar employeesJudicial ReviewAdministrative LawGovernment Employees
References
1
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. New York State Public Employment Relations Board

The Civil Service Employees Association (C.S.E.A.) filed an Article 78 application to challenge actions taken by the City of White Plains and the Public Employment Relations Board (P.E.R.B.). C.S.E.A. sought to vacate a resolution where the City recognized a different employee organization (S.I.W.A.) for a portion of its employees, thereby altering C.S.E.A.'s bargaining unit, and to annul a P.E.R.B. order upholding the City's action. The City cross-moved to dismiss the petition, arguing improper venue and that it was not a proper party. The court determined that Albany County was the correct venue and that the City was a proper party. The central issue was whether the City could unilaterally change bargaining unit composition without C.S.E.A.'s consent or a decertification petition. The court ultimately denied C.S.E.A.'s requested relief, agreeing with P.E.R.B. that public employers can recognize different employee organizations once an incumbent's unchallenged representation status period expires, in accordance with Civil Service Law sections 204 and 208.

Public Employment RelationsCollective Bargaining UnitsEmployee Organization RecognitionTaylor LawCivil Service LawArticle 78 CPLRBargaining Unit AlterationDecertification ProceedingsPublic Employer RightsVenue Disputes
References
1
Case No. MISSING
Regular Panel Decision

Lippman v. Public Employment Relations Board

This proceeding involved the Unified Court System (UCS) challenging a determination by the Public Employment Relations Board (PERB). PERB had found that UCS violated the Taylor Law by unilaterally issuing an administrative order in December 1997 that amended regulations (22 NYCRR part 108) related to court reporters' fees for selling transcripts to litigants. The court reviewed PERB's findings that the new page-rate guidelines and a mandatory "Minute Agreement Form" constituted an improper practice by altering terms of employment. The court concluded that there was no substantial evidence to support PERB's finding that the page-rate guidelines actually limited reporters' compensation. Furthermore, while the Agreement Form did alter some aspects of employment, its impact was minimal and outweighed by UCS's broader mission to ensure understandable, uniform, timely, and affordable access to justice. Therefore, the court annulled PERB's determination and granted the petition.

Public Employment RelationsTaylor LawCourt ReportersTranscript FeesAdministrative OrderCollective BargainingTerms of EmploymentJudicial AdministrationAccess to JusticePublic Policy
References
24
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. New York State Public Employment Relations Board

The New York City Transit Authority (NYCTA) initiated a CPLR article 78 proceeding to challenge a June 16, 2009, determination by the New York State Public Employment Relations Board (PERB). PERB's determination reversed an earlier administrative law judge's decision, finding that the NYCTA had committed an improper labor practice by unilaterally implementing new standards for off-duty secondary employment without negotiating with the Transport Workers Union of Greater New York, Local 100. PERB directed the NYCTA to make whole certain employees and subsequently filed a cross-petition to enforce its order. The court found that PERB's determination was supported by substantial evidence, noting that an employer's restriction on nonworking time is generally a mandatory subject of negotiations under the Taylor Law. Consequently, the court confirmed PERB's determination, denied the NYCTA's petition, dismissed the proceeding on the merits, and granted PERB's cross-petition for enforcement of its remedial order.

Public EmploymentLabor RelationsCollective BargainingImproper Labor PracticeOff-Duty Secondary EmploymentCivil Service LawTaylor LawJudicial ReviewSubstantial EvidenceAdministrative Law
References
21
Case No. MISSING
Regular Panel Decision

State v. Public Employment Relations Board

The State University of New York at Albany (SUNYA) initiated a CPLR article 78 proceeding to challenge a Public Employment Relations Board (PERB) determination. PERB had previously found that SUNYA engaged in improper employer practices by directing employees to take leave without pay or use accrued leave for a day off after Thanksgiving in 1977 and 1978, violating Civil Service Law § 209-a (1) (d). SUNYA argued against PERB's refusal to defer to arbitration awards and its interpretation of contractual rights. The court affirmed PERB's findings, concluding that PERB's actions were neither arbitrary nor capricious, and upheld the remedy requiring compensation for affected employees. Consequently, the petition was dismissed, and PERB's determination was confirmed.

CPLR Article 78Improper Employer PracticePublic Employment Relations BoardState University of New York at AlbanyCivil Service LawCollective Bargaining AgreementRes JudicataCollateral EstoppelAdministrative ReviewMandatory Subject of Negotiation
References
11
Case No. MISSING
Regular Panel Decision

City of Syracuse v. Public Employment Relations Board

This case involves the City of Syracuse's unilateral implementation of procedures to terminate General Municipal Law § 207-a benefits for firefighters. Two firefighters were injured and receiving benefits; one reported late and left early for light duty, the other refused to report. The City held hearings and terminated their benefits, prompting the Syracuse Fire Fighters Association (Union) to file an improper practice charge with the Public Employment Relations Board (PERB), alleging a violation of the Taylor Law. The Administrative Law Judge initially dismissed the charge, but PERB reversed this decision, finding that the procedures for terminating such benefits are a subject of mandatory bargaining. The City then commenced a CPLR article 78 proceeding to annul PERB's determination. The court confirmed PERB's determination, holding that the City's unilateral implementation of benefit termination procedures constituted an improper practice and that a City Charter's notice of claim provision did not apply to improper practice charges filed with PERB.

Taylor LawCivil Service LawGeneral Municipal Law § 207-aImproper Practice ChargeMandatory BargainingCollective Bargaining AgreementDue ProcessLight Duty AssignmentNotice of ClaimCPLR Article 78 Proceeding
References
23
Case No. MISSING
Regular Panel Decision
Nov 04, 1993

Wappingers Central School District v. Public Employment Relations Board

The Wappingers Central School District initiated a CPLR Article 78 proceeding to challenge a determination by the Public Employment Relations Board (PERB). PERB had ordered the District to negotiate with the Wappingers Federation of Transit, Custodial and Maintenance Workers regarding a daily time sheet rule. The Supreme Court initially favored the District, but the Appellate Division found the Supreme Court's mootness argument flawed. After reviewing the record, the Appellate Division concluded that there was insufficient evidence to support PERB's finding that the School District refused to bargain or intend to negotiate the impact of the time sheets. Consequently, the Appellate Division granted the District's petition and annulled PERB's original determination.

Public Employment Relations BoardCPLR Article 78Administrative LawJudicial ReviewPublic Sector Labor LawCollective BargainingUnilateral ChangeTime SheetsMootness DoctrineSubstantial Evidence
References
5
Case No. 21 NY3d 861
Regular Panel Decision

Town of Islip v. New York State Public Employment Relations Board

The Town of Islip challenged a determination by the New York State Public Employment Relations Board (PERB) that the Town committed an improper practice by unilaterally discontinuing the permanent assignment of town-owned vehicles to certain employees for commuting. PERB had found this practice to be an economic benefit and a mandatory subject of bargaining. The Town argued that the practice was illegal under its local code of ethics and therefore not subject to negotiation. The Court affirmed PERB's finding that the Town engaged in an improper practice, concluding that the past practice of providing 'take-home' vehicles was not illegal under the Town's code. However, the Court modified PERB's remedial order, finding it unreasonable to compel the Town to repurchase vehicles it had sold, and remitted the case for PERB to fashion a more practical remedy.

Public Employment Relations BoardImproper PracticeUnilateral ChangePast PracticeMandatory Subject of BargainingTake-Home VehiclesCommuting BenefitEconomic BenefitCivil Service LawTaylor Law
References
14
Case No. MISSING
Regular Panel Decision

New York State Public Employment Relations Board v. Board of Education

The concurring opinion, authored by Judge Fuchsberg, affirms the ultimate disposition of the case, upholding the Public Employment Relations Board's (PERB) order. The opinion delves into the critical distinction between an administrative agency exceeding its jurisdiction and merely committing an error of law. It argues that an order issued without statutory power or in excess thereof is inherently void and subject to collateral attack, even if statutory time limits for direct review have passed. Judge Fuchsberg supports this jurisdictional argument by referencing several prior cases, including *Matter of Foy v Schechter* and *Matter of Guardian Life Ins. Co. v Bohlinger*. Ultimately, the opinion concludes that the PERB's remedial orders were fully authorized due to a specific statutory violation, despite the complex jurisdictional challenges raised.

Public Employment Relations BoardAdministrative LawJurisdictionCollateral AttackStatutory InterpretationError of LawBack PayCivil Service LawArticle 78PERB
References
14
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