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May 19, 2012

Unilateral modification of a past practice

Unilateral modification of a past practice
Selected Rulings posted by PERB - Matter of the Board of Education of the City School District of the City of New York, Decision U-28706

PERB affirmed a decision of an ALJ finding that the Board of Education of the City School District of the City of New York violated §209-a.1(d) of the Public Employees’ Fair Employment Act (Act) when it unilaterally modified a past practice by reducing the number of annual parking permits issued to Local 891-represented unit members, and by changing the method of distribution of the permits.

PERB held that free parking is a mandatory subject of negotiations because it is an economic benefit to the employees and that the distribution of parking permits is also mandatorily negotiable. It also affirmed the ALJ’s conclusion that the District unilaterally reduced the number of parking permits issued to Local 891-represented unit members and changed the existing practice of distributing parking permits upon request to unit members.

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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.
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