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Collective bargaining designation

By Harvey Randall, Esq.

Collective bargaining designation
Matter of Malone Administrators Association, 31 PERB 3050

The Malone Central School District assigned its newly established position of Special Education and Remediation Coordinator [SERC] to the collective bargaining unit represented by the Malone Federation of Teachers.

The Federation unit represented Malone School District teachers, department chairs, subject area coordinators, school nurses and nurse coordinator, among others.

The Malone Administrators Association, representing principals, assistant principals and directors, filed a ?unit clarification petition?[1] with PERB contended that the position should have been placed in the negotiation unit it represents. It argued that the SERC position replaced the former director of pupil services position, which position was in its collective bargaining unit. Simply put, the Association argued that the SERC was an administrator, like other administrators, and shared the same community of interest.

PERB affirmed its Director of Public Employment Practices and Representation?s decision that ?the SERC is most appropriately placed within the Federation?s unit ... because the SERC has a much closer community of interest with employees in the Federation?s unit than with the administrators in the Association?s unit.?

PERB also noted that Section 207.1(c) of the Taylor Law ?requires weight be given to an employer?s uniting preference.? Accordingly, it said that the district?s implemented belief that the SERC is most appropriately placed in the Federation?s unit should not be disturbed when that placement is at least as appropriate as would be one placing the SERC in the Association?s unit.

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[1] A unit clarification petition is used to test the placement of a position already included in a negotiating unit. In contrast, a unit placement petition is filed to determine the most appropriate unit in which to place a position not already in a unit.

Full post as published by New York Public Personnel Law on January 11, 2008 (boomark / email).