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PERB Administrative Law Judges consider the negotiability of demands to establish procedures concerning GML Section 207-c benefits

PERB Administrative Law Judges consider the negotiability of demands to establish procedures concerning GML Section 207-c benefits
City Of Middletown and City of Middletown Police Benevolent Association, Improper Practice Petition U-27423 [by ALJ Fitzgerald]
Port Washington Police District and Port Washington Police Benevolent Association, Inc., Improper Practice Petitions U-27439 & U-2745, [by ALJ Blassman]

The Middletown decision:

In an improper practice charge filed by the City of Middletown alleging that the City of Middletown Police Benevolent Association (PBA) violated the Act by submitting nonmandatory demands to interest arbitration, proposals for a bill of rights and a disciplinary procedure for police was found nonmandatory as a result of the City Charter which reserved authority over police discipline to the Board of Commissioners.

In contrast, the demand to establish a procedure for General Municipal Law §207-c benefits was held mandatory since it did not infringe on the City's rights under the General Municipal Law to make initial determinations as to employee eligibility.

The Port Washington decisions:

Decision 1. 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.

Decision 2. The ALJ 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.

The critical element with respect to the demands related to Section 207-c procedures submitted by the employee organizations in these two jurisdictions was whether the demand allowed the appointing authority to make the initial decision concerning providing the benefit.

Full post as published by New York Public Personnel Law on March 01, 2010 (boomark / email).