Thursday, November 21, 2013

Reassignment of unit work to nonunit employees an improper practice under the Taylor Law


Reassignment of unit work to nonunit employees an improper practice under the Taylor Law
Monroe County v New York State Pub. Empl. Relations Bd., 2013 NY Slip Op 07362, Appellate Division, Fourth Department

The Monroe County Deputy Sheriff's Association, Inc. [MCDS] filed an improper practice charge with the Public Employment Relations Board [PERB] alleging the Monroe County Sheriff's Office [Sheriff's Office] assigned non-MCDSA members to perform certain security screening work at the Monroe County Jail and the Monroe County Correctional Facility that had previously been performed exclusively by MCDSA members.

Following a hearing, the Administrative Law Judge [ALJ] determined that the Sheriff’s Department had violated Civil Service Law §209-a (1)(d) by assigning the duties of security screening at the jail and at the correctional facility to non-MCDSA employees. The Sheriff’s Department appealed but PERB denied the exceptions it filed and affirmed the ALJ's decision.

According to PERB’s ruling, the Sheriff’s Office had violated Civil Service Law §209-a (1)(d), in that [1] the work in question had been reassigned to non-MCDSA members, [2] that the reassigned tasks were substantially similar to those previously performed by MCDSA members, and [3] that the qualifications for the job at issue had not changed significantly

The Sheriff’s Office filled a CPLR Article 78 petition challenging PERB’s decision.

The Appellate Division sustained PERB’s determination, indicating that it was supported by substantial evidence, rejecting the Sheriff’s Office’s “public policy” argument. The court then provided for the enforcement of PERB’s order.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_07362.htm
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Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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