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GML §207-c proposal ruled a non-mandatorily subject of collective bargaining, as it did not permit employer to make the initial benefit determination

GML §207-c proposal ruled a non-mandatorily subject of collective bargaining, as it did not permit employer to make the initial benefit determination
Port Washington Police District and Port Washington Police Benevolent Association, Inc
Decisions of PERB Administrative Law Judge Case No. U27439 [decided with U27454]

The ALJ sustained the Police District's charge (Case No. U27439) alleging that the PBA violated §209-a.2(b) of the Act when it submitted three nonmandatorily negotiable demands to binding, interest arbitration. A proposal to make permanent a temporary twelve-hour tour of duty agreement was found to be nonmandatorily negotiable because it includes a minimum staffing and other provisions that interfere with the District's ability to determine staffing levels.

A demand proposing a procedure to be followed by employees when filing claims for benefits under GML §207-c was found to be nonmandatorily negotiable because it did not allow the District to make the initial benefit determination. A proposal seeking to allow unit employees to retain all earned compensation if they are promoted to positions outside the PBA negotiating unit was found to be nonmandatory because it seeks to determine the terms and conditions of employment of nonunit employees.

The ALJ ordered the PBA to withdraw the nonmandatory proposals from interest arbitration.

The ALJ also dismissed the PBA's charge (Case No. U27454), which alleged that the District violated §209-a.1(d) of the Act by submitting a nonmandatorily negotiable proposal to interest arbitration, because the District had withdrawn the challenged proposal.

For information about PELP's e-book Disability Retirement and General Municipal Law Sections 207-a/c go to: http://section207.blogspot.com/2009/03/v-behaviorurldefaultvml-o.html

Full post as published by New York Public Personnel Law on February 19, 2010 (boomark / email).