Thursday, October 07, 2010

Transferring unit work

Transferring unit work
CSEA Local 1000 and Local 836, 32 PERB 3015

The City of Newburgh abolished its positions of animal control officers, who were represented by CSEA. The city unilaterally transferred the duties of the positions to the nonunit police officers represented by Local 836.

CSEA objected and filed an improper practice charge with PERB contending that the city had violated the Taylor Law when it unilaterally transferred “non-emergency” duties previously exclusively performed by the animal control officers.

Ultimately PERB affirmed its Director of Public Employment Practices and Representation’s ruling that “the abolishment of the unit positions was a legislative act by the City Council that was not reviewable under Section 209-a.1(d) of the Act.” PERB said that the Director “correctly found that this was a legislative action involving a nonmandatory subject of negotiation and was not violative of ... the Act.”
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