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Genesee County Legislature imposes the terms and conditions of the 2006-2008 collective bargaining agreement on negotiating unit for 2009

Genesee County Legislature imposes the terms and conditions of the 2006-2008 collective bargaining agreement on negotiating unit for 2009
Source: Resolution 107 of the Genesee County Legislature [2010]

The contract negotiations between Genesee County and the CSEA, Local 1000, Local Unit 819, Genesee County General Unit, resulted in an agreement by the respective Negotiating Teams. The Union?s members, however, voted to reject the proposed collective bargaining agreement.

PERB then appointed Michael Lewandowski to consider the issues involved. Subsequently Lewandowski issued a Fact Finding Report and Recommendations.

The County Legislature then held a hearing pursuant to §209 of the New York Civil Service Law* for the purpose of considering the responses to the Fact Finding Report from the County and the CSEA, Local Unit 819.

The County Negotiating Team accepted the Fact Finder?s Report in its entirety. The CSEA General Unit, however, did not accept the Fact Finder?s Report in its entirety,

Noting that the County Manager had indicated that the County had received no direct communication from Union Officials since their communication rejecting the Fact Finders Report late last year, the County Legislated voted to impose the terms and conditions of the existing [2006-2008] collective bargaining agreement in 2009.

The Resolution adopted by the County Legislature reads as follows:

"That the Genesee County Legislature does hereby impose the same terms and conditions included in the 2006-2008 Collective Bargaining Agreement for CSEA, Local 1000, Local Unit 819, Genesee County General Unit for the calendar year 2009."

* §209.3(e) of the New York Civil Service Law provides "(e) should either the public employer or the employee organization not accept in whole or in part the recommendations of the fact-finding board, (i) the chief executive officer of the government involved shall, within ten days after receipt of the findings of fact and recommendations of the fact-finding board, submit to the legislative body of the government involved a copy of the findings of fact and recommendations of the fact-finding board, together with his [or her] recommendations for settling the dispute; (ii) the employee organization may submit to such legislative body its recommendations for settling the dispute; (iii) the legislative body or a duly authorized committee thereof shall forthwith conduct a public hearing at which the parties shall be required to explain their positions with respect to the report of the fact-finding board; and (iv) thereafter, the legislative body shall take such action as it deems to be in the public interest, including the interest of the public employees involved."

Full post as published by New York Public Personnel Law on March 24, 2010 (boomark / email).