Petitioning for a separate negotiating unit
Petitioning for a separate negotiating unit
Civil Service Employees Association, Inc., Local 1000, and Baldwin Union Free School District, PERB Decision C-5690
CSEA filed a petition seeking to represent Security Aides in a separate unit. The District opposed the petition.
PERB’s Administrative Law Judge found that the Security Aides were most appropriately added to the existing School Monitors and Health Aides unit represented by CSEA. A community of interest was found to exist based upon a similarity in mission, skill level and working conditions. The ALJ rejected CSEA's argument that a conflict of interest was created by CSEA's initiation of litigation that challenged the District's assignment of certain duties to Security Aides instead of School Monitors.
Also rejected was CSEA's argument that a conflict existed because the Security Aides perform a security function. The ALJ noted that the Security Aides are not charged with the primary duty of investigating or reporting the job related misconduct of District employees, but to protect students and District employees from outside intruders. The ALJ placed the position in the existing unit pursuant to New York Convention Center Operating Corp, 27 PERB 3034 (1994), since there was no contractual bar to the placement and adding the position effectuated a de minimus change to the unit.
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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.
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