New York Public Personnel Law: PERB determinations

December 27, 2011

PERB determinations

PERB determinations

Police Union demand that employer match an employee’s purchase of U. S. Savings Bonds is a mandatory item of negotiations. Spring Valley PBA v. Village of Spring Valley, Case U-4856.

Involuntary transfer of teacher to another school at the request of the principal following the denial of her grievance by the principal because the teacher complained to the principal’s superiors held to be a violation of the teacher’s statutory right to file a grievance. Elmira School District v. Benson, Case U-4426; 4427.

BOCES could establish a layoff policy based on an employee’s qualifications and performance, with seniority used only as a tiebreaker. In the Matter of Nassau County BOCES, Case U-4441. (The employees involved were in the non-competitive class and not subject to Civil Service Law layoff provisions).

Union’s refusal to sign a final agreement which reflected the provisions of the tentative agreement was improper and in violation of Section 209-a of the Civil Service Law. N.Y. State Nurses Association v. Onondaga County, Case U-4807.

“Job security” is not a term and condition of employment and therefore not a mandatory subject of negotiations. Spencerport Transportation Authority v. PERB, Appellate Division, 4th Department, 1981.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

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.