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.