Discontinuation of employer’s cafeteria service a mandatory subject for collective bargaining

Discontinuation of employer’s cafeteria service a mandatory subject for collective bargaining
CSEA Local 1000 & Nassau County, 32 PERB 3005

For at least nine years the Nassau County Medical Center (NCMC) provided food service in its cafeteria between the hours of 2:00 a.m. and 4:00 a.m. When the County unilaterally discontinued providing such service and refused to negotiate its action, CSEA filed an improper practice charge with PERB.

A PERB administrative law judge ruled that Nassau County violated the Taylor Law by acting unilaterally with respect to mandatory subjects of negotiations “without a meritorious defense.” PERB sustained the ruling, pointing out that the cafeteria was open for at least nine years to serve the 200 to 300 employees who worked the midnight shift at NCMC. This, said PERB, affected the employees’ term and conditions of employment since its use by employees “is both an economic fringe benefit, as it avoids any need for employees to eat and drink off premises at higher cost, and it is a matter directly affecting their health, personal comfort and convenience.” PERB told Nassau to reinstate the food service it provided before it closed NCMC’s cafeteria and “to make unit employees whole” to the extent that it can be shown that the closing resulted in their incurring additional expense for food and beverages.

A collateral issue involved the County’s directing the employees to discontinue the use of their personal appliances such as electronic ovens and “heat generating electrical appliances” at their workstations. PERB said that the County’s interest in protecting the patient’s safety overcame the employees’ interest in their having such convenience items available to them at their workstation and dismissed this branch of CSEA’s improper practice charge.
NYPPL