New York Public Personnel Law: School nurse negotiating unit established

September 16, 2011

School nurse negotiating unit established

School nurse negotiating unit established
Ichabod Crane Registered Nurses Asso. and Ichabod Crane Central School Dist., 33 PERB 3042

The Public Employment Relations Board approved the certified a unit consisting of the four registered nurses employed by the Ichabod Crane Central School District previously included in a non-instructional negotiating unit represented by CSEA. PERB concluded that the nurses were “not properly placed in units of nonprofessional or noninstructional employees.”

PERB based its ruling on the fact that, among other things, nurses are required to have a college education, meet certification and licensing requirements, participate in continuing professional education, interact with students, teachers and administrators on a daily basis and share a clear “occupational identity and professional interests.”

This is a significant change from PERB's former position regarding the “fragmentation” of a negotiating unit.

PERB said that in the future it will consider “fragmentation” petitions on a case-by-case basis.

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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.