Direct dealing
Direct dealing
Stillwater Teachers Assoc. v Stillwater CSD, 32 PERB 4914
In labor relations, the term “direct dealing” is used to describe a situation where the employer deals directly with an individual concerning the individual’s terms and conditions of employment instead of dealing with the employee’s collective bargaining representative.
The Stillwater Teachers Association charged the district with an unfair labor practice - direct dealing. The association alleged that the school superintendent had advised a unit employee that if he resigned, the district would reemploy him at a higher salary than permitted by the collective bargaining agreement between the parties.
Administrative Law Judge Susan A. Camenzo concluded that the charge of direct dealing was unsubstantiated. The decision notes that other unit members unhappy with their salary had been told of the possible effects of resignation such as loss of tenure, seniority and were given no promise of reemployment. Here, said Camenzo, the employee assessed the risks and “decided on his own to resign and reapply for his old position at a higher contractual salary.
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
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