Selected PERB decisions

Selected PERB decisions

Duty of fair representation

     The Union violated its duty to represent a non-member of the Union in the collective bargaining unit when it refused to appear on behalf of the non-member teacher in a hearing before the School Board regarding the teacher’s unsatisfactory performance rating. (Case U-4165 Matter of United Federation of Teachers)

Bargaining in good faith

     A School District could not refuse to pay a school administrator benefits provided under an expired contract (pay for accumulated sick leave credits upon retirement) when the record shows that the District did not bargain in good faith regarding the continuation of such benefit. (Case U-4616 Matter of Levittown Union Free School District)

Work now, grieve later

     Employee’s mistaken belief that the employer was in violation of the contract did not excuse his refusing to work, but even if he were correct, he would have been wrong in absenting himself from work as the proper recourse was to grieve the matter. (Case U-4642, Matter of Nassau County Chapter CSEA)

Scott v Wetzler, 195 AD2d 905, illustrates an application of the general rule that except in life-threatening situations, or in situations where the employee is asked to perform a clearly unlawful act, if an employee objects to complying with a superior's directive, he or she should "work now, grieve later."

Non-mandatory subjects of collective bargaining:

    Benefits for employees already retired, the number of full-time employees required and demands to fill vacant positions are not mandatory subjects of negotiations under the Taylor Law. (Case U-4905, Matter of the Village of Hudson Falls)