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Jurisdiction to consider unilateral changes in terms and conditions of employment

Jurisdiction to consider unilateral changes in terms and conditions of employment
Roma v Susquehanna Valley CSD, 92 N.Y.2d 489 [246 AD2d 714 reversed]

The primary issue on this appeal is whether a complaint of a public employer?s unilateral change in a term and condition of employment that is expressly covered by its collective bargaining agreement (CBA) with an employee organization lies within the exclusive jurisdiction of the State Public Employment Relations Board (PERB), or may be resolved through the grievance procedures of the CBA.

The Civil Service Law § 205 (5) (d) jurisprudence of PERB, which in the view of the Court of Appeals correctly reflects the legislative intent of the enactment, points the parties to a resolution of their dispute in this case through the nonbinding grievance procedures of the CBA (subject to judicial review), rather than through an improper employer practice charge before PERB for failing to negotiate in good faith.

Consequently, the high court said that the Appellate Division erred in dismissing the petition on the ground that PERB had exclusive subject matter jurisdiction over this controversy. Agreeing with Supreme Court that the CBA unambiguously precluded the school district?s unilateral action here, the Court of Appeals said that the judgment of Supreme Court should be reinstated.

The text of the ruling is filed on the Internet at:
http://nypublicpersonnellawarchives.blogspot.com/[Registration required]

Full post as published by New York Public Personnel Law on August 31, 2010 (boomark / email).