State of New York Public Employment Relations Board Decisions from September 5, 1974

Transcription

1 Cornell Unversty ILR School Board Decsons - NYS PERB New York State Publc Employment Relatons Board (PERB) State of New York Publc Employment Relatons Board Decsons from September 5, 1974 New York State Publc Employment Relatons Board Follow ths and addtonal works at: Thank you for downloadng an artcle from DgtalCommons@ILR. Support ths valuable resource today! Ths Artcle s brought to you for free and open access by the New York State Publc Employment Relatons Board (PERB) at DgtalCommons@ILR. It has been accepted for ncluson n Board Decsons - NYS PERB by an authorzed admnstrator of DgtalCommons@ILR. For more nformaton, please contact hlmdgtal@cornell.edu.

2 State of New York Publc Employment Relatons Board Decsons from September 5, 1974 Keywords NY, NYS, New York State, PERB, Publc Employee Relatons Board, board decsons, labor dsputes, labor relatons Comments Ths document s part of a dgtal collecton provded by the Martn P. Catherwood Lbrary, ILR School, Cornell Unversty. The nformaton provded s for noncommercal educatonal use only. Ths artcle s avalable at DgtalCommons@ILR:

3 STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD lk-s/s/lh In the Matter of PLAINEDGE UNION FREE SCHOOL DISTRICT, Respondent, -and- PLAINEDGE FEDERATION OF TEACHERS, Chargng Party. BOARD DECISION AND ORDER CASE NO. U-1101 Ths matter comes to us on exceptons fled by the Planedge Unon Free School Dstrct (Dstrct) to a decson and recommended order of a hearng offcer who found that t had mod- fed ts health leave polcy unlaterally n volaton of ts duty to negotate n good fath (CSL 209-a.1(d)). The hearng offcer j l recommended that the Dstrct be ordered to cease and desst from unlaterally modfyng the polcy and procedures to be followed n j grantng such leave to the employees n the negotatng unt represented by the Planedge Federaton of Teachers (Federaton). Nether exceptons nor cross-exceptons were fled by the Federaton Upon revew of the record, we have ascertaned that the facts are as set forth n the hearng offcer's decson. We restate only those necessary to ndcate the nature of the j problem. The Dstrct had adopted a health leave polcy on Aprl 6<, 1967 whch, as amended on May 13, 1968, contnued untl January 10,j On December 13, the Federaton was advsed by the j Actng Superntendent of the Dstrct that t proposed to alter! 6 l j

4 Board - U ts health leave polcy at ts December meetng. At the request of the Federaton the matter was tabled untl the January meetng and a copy of the proposed revson was sent to the Federaton. The Federaton dd not communcate wth the Actng Superntendent about the matter durng the followng three weeks (whch perod ncluded the Chrstmas recess), but the proposed change was dscussed at a meetng of the Executve Board of the Federaton on January 8, On January 9, 1974 t receved a copy of the agenda for the January 10 meetng of the Dstrct's board whch ncluded consderaton of the revsed health leave polcy and t called the presdent of the Dstrct's board to request further tablng of the matter n order to allow tme for negotatons concernng the proposed revsons. The Dstrct's board rejected the request and at ts meetng of January 10 unlaterally changed ts health leave polcy. ssues before us The Dstrct's seven exceptons set forth the legal 1. The Dstrct asserts that the record lacks substantal evdence to support the hearng offcer's fndngs of fact.! Havng revewed the record, we reject ths excepton j and confrm the hearng offcer's fndngs of fact. j I 2. The Dstrct argues that t acted under a clam of contractual prvlege and that ts volaton, f any, was of the contract and j S should, therefore, be remeded wthn the framework of the contractus grevance procedure. The Taylor Law declares that a publc employer s requred "to negotate wth and enter nto wrtten agreements wth employee organzatons that represent ts *>

5 Board - U ; employees n determnng terms and condtons of employment" (CSL 20 4) and that ts refusal to negotate n good fath about changes n terms and condtons of employment s an mproper employer practce (CSL 209-a.1 (d)). Health leave polcy s a term and condton of employment that may not be altered unlaterally by a publc employer. One of the questons before the hearng offcer was whetherj the change made on January 10, 1974 was such a prohbted unlateral change. If the rght to make such a change had been reserved to the Dstrct by the contract, then t was not. The mplcatons of the contract were, therefore, sgnfcant to the resoluton of the statutory ssue before! the hearng offcer. He had two alternatves ether he could have deferred to the contract grevance procedure for resoluton of questons nvolvng the mplcatons of the contract or he could have resolved the queston hmself nasmuch as t was a materal element of a queston that! was wthn hs competence and hs jursdcton. He chose the latter course. In dong so, he followed our practce j j n not deferrng to a grevance procedure that lacks the j fnalty of bndng arbtraton (Matter of Board of Educaton of the Cty of New York, 6 PERB 3022 [1973]).! 3. The Dstrct controverts the authorty of the hearng offcer j to nterpret provsons of the contract that t clams to have authorzed ts unlateral change n the health leave polcy. We reject ths poston for the reasons set forth n I number 2, above. j

6 Board - U The Dstrct objects that, by refusng to defer to advsory arbtraton, PERB would be mposng bndng arbtraton upon the partes and that we lack authorty to do so. Whether or not the partes choose to authorze an arbtrator to dspose of dsputes between them concernng contractual nterpretaton s for the partes.; The statute authorzes PERB to ascertan whether or not an employer has unlaterally altered terms and condtons of employment. On occason as here questons of contract nterpretaton and of unlateral changes of terms and condtons of employment are related. It s our practce to defer to an arbtrator who may dspose of the ssue, but not to one whose powers are advsory. Our practce does not requre the partes to adopt bndng arbtraton. Even where we defer to arbtraton, we do not do so unreservedly; rather, we retan jursdcton to! consder questons such as whether the ssues rased by the mproper practce charge were fully ltgated n the j arbtraton, whether the arbtraton proceedngs were tanted by unfarness or serous procedural rregulartes, and whether the determnaton of the arbtrator was not repugnant to the purposes and polces of the Taylor Law I (Matter of New York Cty Transt Authorty, 4 PERB [1971]). OHk)U I I j! j

7 Board - U The Dstrct contends that the falure of the Federaton to advse t of ts objectons to the change n the health leave polcy before the day of that change consttuted acquescence theren. We agree wth the concluson of the hearng offcer that the conduct of the Federaton dd not consttute a waver of ts rght to negotatons over the change. 6. The Dstrct clams that the hearng offcer msnterpreted the management rghts clause of the contract (Artcle XI) when he rejected ts clam of contractual rght to alter ts health leave polcy. The hearng offcer noted correctly that, by ts terms the management rghts clause dd not authorze the Dstrct to alter polces or procedures that "substantally affect the wages, hours, or terms and condtons of employment of the teachng staff."; he also reasoned correctly that ths language contradcts the employer's clam of contractual rght. 7. Fnally the Dstrct complans that the proposed order that t "cease and desst from unlaterally modfyng the polcy and procedures to be followed n grantng such leave to employees n the negotatng unt represented by the Federaton" s confusng n that "It s not clear...whether t refers to the health leave polcy pror to or after January 10, or whether t relates to prospectve changes thereof." 3456

8 Board - U We agree, and we clarfy the order. Inasmuch as the unlateral change that was effected on January 10, 1974 was a volaton of the Dstrct's oblgaton to negotate before changng terms and condtons of employment, the order contemplates the restoraton of health leave polcy as t exsted pror to January 10, 1974 and ts contnuaton thereafter untl changed n accordance wth procedures set forth n Cvl Servce Law 209. NOW, THEREFORE, WE DETERMINE that the conduct of the Dstrct n unlaterally revsng ts health leave polcy consttutes a volaton of CSL 209-a.l (d), and WE ORDER the Dstrct to negotate n good fath over changes n ts health leave polcy, ths order contemplatng that the Dstrct wll cease and desst from unlaterally modfyng ts health leave polcy or applyng the pro- 3457

9 Board - U-1101 vsons of the health leave polcy that t unlaterally mposed on January 10, 1974, Dated: New York, N.Y. September 5, 197 jert D. Helsby,/Charman,--? 'tl**v, u ramm/ Joseph R. Crowley ';/ Fred Lruenson 7^r^^>^_

10 STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of LOCKPORT MEMORIAL HOSPITAL, - and - Employer, #2B-9/5/74 NIAGARA COUNTY CHAPTER, CSEA, Pettoner, Case Nos. C-1078 & C and - NEW YORK STATE NURSES ASSOCIATION, Pettoner. CERTIFICATION OF REPRESENTATIVE AND ORDER TO NEGOTIATE A representaton proceedng havng been conducted n the above matter by the Publc Employment Relatons Board n accordance wth the Publc Employees' Far Employment Act and the Rules of Procedure of the Board, and t appearng that a negotatng representatve has been selected; Pursuant to the authorty vested n the Board by the Publc Employees' Far Employment Act, IT IS HEREBY CERTIFIED that ASSOCIATION NEW YORK STATE NURSES has been desgnated and selected by a majorty of the employees of the above named publc employer, n the unt descrbed below, as ther exclusve representatve for the purpose of collectve negotatons and the settlement of grevances. Unt: Included: Excluded: Every full-tme & part-tme lcensed regstered professonal nurse or person authorzed to practce as a regstered professonal nurse employed by the Lockport Memoral Hosptal. All seasonal, emergency & temporary regstered professonal nurses. Supervsors, Supervsors- Relef, Drector of In Servce Educaton, Asst. Dr. of Nurses, Dr. of Nurses and all other employees of the Lockport Memoral Hosptal. Further, IT IS ORDERED that the above named publc employers shall negotate collectvely wth NEW YORK STATE NURSES " ASSOCIATION! and enter nto a wrtten agreement wth such employee organzaton I wth regard to terms and condtons of employment, and shall negotate collectvely wth such employee organzaton n the j determnaton of, and admnstraton of, grevances. I Sgned on the 5th day of September 1974 Robert D.'Helsby/; Charman PERB 5 8( 12-68) 3459

11 STATE OF HEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of the Applcaton of the INCORPORATED VILLAGE OF VALLEY STREAM For a Determnaton pursuant to Secton 212 of the Cvl Servce Law. Docket No. S-0009A #20-9/5/74 At a meetng of the Publc Employment Relatons Board held on the 5th day of September, 1974, and after consderaton of the applcaton of the Incorporated Vllage of Valley Stream made pursuant to Secton 212 of the Cvl Servce Law for a determnaton that the Board of Trustees' Resoluton of November 15, 1971 as last amended by Resoluton of August 12, 1974 s substantally equvalent to the provsons and procedures set forth n Artcle 14 of the Cvl Servce Law wth respect to the State and to the Rules of Procedure of the Publc Employment Relatons Board, t s ORDERED, that sad applcaton be and the same hereby s approved upon the determnaton of the Board that the Resoluton aforementoned, as amended, s substantally equvalent to the provsons and procedures set forth n Artcle 14 of the Cvl Servce Law wth respect to the State and to the Rules of Procedure of the Publc Employment Relatons Board. Dated: New York, New York September 5, 1974 /" / Joseph R Crowley Fred L. Denson 3460

12 STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD #2D-9/5/74 In the Matter of the Applcaton of the COUNTY OF WESTCHESTER for a Determnaton pursuant to Secton 212 of the Cvl Servce Law Docket No. S-0037 At a meetng of the Publc Employment Relatons Board held on the 5th day of September, 1974, and after consderaton of the applcaton of the County of Westchester made pursuant to Secton 212 of the Cvl Servce Law for a determnaton that Act No as last amended by Act No s substantally equvalent to the provsons and procedures set forth n Artcle 14 of the Cvl Servce Law wth respect to the State and to the Rules of Procedure of the Publc Employment Relatons Board, t s ORDERED, that sad applcaton be and the same hereby s approved upon the determnaton of the Board that the Act aforementoned, as amended, s substantally equvalent to the provsons and procedures set forth n Artcle 14 of the Cvl Servce Law wth respect to the State and to the Rules of Procedure of the Publc Employment Relatons Board. Dated: New York, New York September 5, 1974 Robert D 0 Helsby, JXarman / tzg&s^&l--? Joseph" R. Crowley / Fred L. Denson