Decisions issued by PERB
Reduction of services
A public employer that reduces services has the burden of showing that such reduction was made in good faith for a proper purpose. Such a showing will support workload and salary reductions proportionate to the reduction in service. Reductions in workload and salary without proportionate reductions in services are subject to negotiations under the Taylor Law (Schulerville Central School District, Case U-4212).
Permanently changing the work hours of employee who was union president and limiting his “leave for union business” to four hours during each tour held violation of employee’s protected rights; contract authorized up to 16 hours of such leave per week, subject to employer approval. Matter of City of Mount Vernon, Case U-4688.
Subcontracting unit work
Unilaterally subcontracting for school lunch program that resulted in termination of food service employees was in violation of the School District’s duty to bargain the impact of such a decision. Although the employer was ordered to offer employees reinstatement, back salary was denied because the district had made a good faith offer of alternative employment without loss of salary or benefits at the time of the subcontracting. (Matter of Hilton Central School District, Case U-4887)
Negotiate in good faith
Union violated its duty to negotiate in good faith when it refused to sign the contract reflecting all the agreements reached and ratified by the members of the Union with the County following conclusion of negotiations and was directed to execute the Agreement (Matter of Onondaga County, Case U-4807).