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August 06, 2011

Unit determinations and substitute teachers


Unit determinations and substitute teachers
In the Matter of North Syracuse Central School District, PERB Decision C-2367

The 1981 amendment to the Taylor Law providing for representation of per diem substitute teachers (Chapter 814, Law of 1981) has required PERB to consider a number of “unit” questions.

The Board ruled that per diem substitutes whose employer gives them reasonable assurance of continuing employment should not be placed in “fractionalized units” within a school district depending on the frequency or infrequency of their employment.

PERB indicated that the authors of amendment “saw no difficulty in multiple representation of (such) per diem substitute teachers who hold ... substitute teaching positions” with a number of school districts.

Finally, the decision indicates that “the status of per diem substitutes who did not receive a reasonable assurance of continuing employment was not changed by the 1981 amendment. (See Section 201.7(d) of the Civil Service Law.)

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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. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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