November 22, 2011

Police sick-out violates Taylor Law

Police sick-out violates Taylor Law
Police Benevolent Association of the City of Yonkers v. New York State Public Employment Relations Board, 51 N.Y.2d 779

The Court of Appeals upheld PERB’s ruling that the Yonkers Police Union was involved in an illegal.

PERB had found the Union had supported or condoned two “sick-outs.”  

While the court said the mere showing that a significant number of union members have engaged in a strike would not be sufficient to prove a violation of the Taylor Law by the Union, statements of union leaders, combined with the fact of the strike itself and the other evidence adduced at the hearing held by PERB was sufficient to provide “substantial evidence” of the violation.