Best Lawblog Contest for 2017 now being conducted by The Legal Institute

From now until
September 15th, 2017, Lawblog fans can nominate their favorite blogs and bloggers for inclusion in the voting round of 2017. As in previous years, the nomination process is competitive, meaning the more nominations a blog receives, the more likely it is to be included in the public voting stage of the contest.

To access the link to the nomination form, click on:

https://www.theexpertinstitute.com/blog-contest/?utm_source=email&utm_medium=email&utm_content=CTA&utm_campaign=blog-contest-8.14.2017-general

Tuesday, September 06, 2011

Management prerogatives - nonmandatory subjects of negotiations


Management prerogatives - nonmandatory subjects of negotiations
City of Niagara Falls v Niagara Falls Police Captains and Lieutenants Association, 33 PERB 3058

Niagara Falls filed an unfair labor practice charge with PERB contending that the Niagara Falls Police Captains and Lieutenants Association included two proposals that were nonmandatory subjects of negotiation in its petition for interest arbitration.

One proposal involved “qualifications” for appointment [proposal 1]; the second, proposal 13, concerned retirement benefits. PERB agreed with its Administrative Law Judge that both proposals were nonmandatory or prohibited subjects of collective bargaining and thus constituted excluded subjects for the purposes of compulsory interest arbitration.

The first proposal contained two basic elements.

The first element addressed qualifications for appointment to a position. PERB said that “qualifications for a position are a management prerogative and, thus, a nonmandatory subject of bargaining.”

However, coupled with this demand was a proposal setting out a procedure in which an appointment to a vacant position would be made by selecting the appointee from among the three most senior officers.

PERB said that it had previously held that “procedures to be used to fill a position, e.g., seniority, are a mandatory subject of negotiations.

However, coupling a mandatory demand with a nonmandatory demand results in both being deemed nonmandatory. PERB, citing it ruling in Matter of Police Benevolent Association of the City of White Plains, 33 PERB 3025, said:

“We have held that where a bargaining proposal contains two or more inseparable elements, i.e., a unitary demand, at least one of which is nonmandatory, the entire proposal is deemed nonmandatory.”

As to the second item objected to by Niagara Falls, proposal 13 provided that “[i]n the event the New York State Legislature authorizes the elimination of any restrictions on Tier II employees, the City will eliminate such restrictions.”

The Association argued that the ALJ incorrectly held that its proposal 13 involved additional Retirement and Social Security Law Section 443(f) pension benefits. PERB rejected the Association's characterizing proposal 13 as a non-retirement item.

PERB decided that the demand, in fact, was a retirement matter and that Section 443(f) benefits are not subject to compulsory interest arbitration.

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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 in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.