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Board Decisions - NYS PERB New York State Public Employment Relations Board (PERB) 
11-13-2013 
State of New York Public Employment Relations Board Decisions 
from November 13, 2013 
New York State Public Employment Relations Board 
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State of New York Public Employment Relations Board Decisions from November 
13, 2013 
Keywords 
NY, NYS, New York State, PERB, Public Employment Relations Board, board decisions, labor disputes, 
labor relations 
Comments 
This document is part of a digital collection provided by the Martin P. Catherwood Library, ILR School, 
Cornell University. The information provided is for noncommercial educational use only. 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/perbdecisions/651 
STATE OF NEW YORK
PUBLIC EMPLOYMENT RELATIONS BOARD
In the Matter of 
EUGENIA PINKARD,
Charging Party,
CASE NO. U-32300
- and -
UNITED FEDERATION OF TEACHERS,
Respondent,
- and -
BOARD OF EDUCATION OF THE CITY 
SCHOOL DISTRICT OF THE CITY OF NEW YORK,
Employer.
EUGENIA PINKARD, pro se
RICHARD E. CASAGRANDE, GENERAL COUNSEL (KEITH J. GROSS of 
counsel), for Respondent
DAVID BRODSKY, DIRECTOR OF LABOR RELATIONS (JOHN WALLIN of 
counsel), for Employer
This case comes to the Board on a motion dated October 11,2013, by Eugenia 
Pinkard requesting an extension of time to file exceptions, pursuant to §213.4 of our 
Rules of Procedure (Rules), to a decision of an Administrative Law Judge (ALJ) dated 
August 16, 2013, on an improper practice charge filed by Pinkard alleging that the 
United Federation of Teachers violated §§209-a.2(b) and (c) of the Public Employees’
Fair Employment Act (Act).1
On August 20, 2013, copies of the ALJ’ s decision were mailed to the parties by 
certified mail, return'receipt requested. Our records establish that the envelope 
addressed to Pinkard containing a copy of the ALJ’ s decision was returned to our 
office. As a result, a second copy of the decision was mailed to Pinkard by first class 
mail on September 23, 2013.
In support of her motion, Pinkard states that she did not receive the decision in a 
timely manner due to the instability of her housing accommodations that involves 
staying in the homes of various family members. Both UFT and the Board of Education 
of the City School District of the City of New York (District) oppose her motion.
DISCUSSION
Pursuant to §§213.2(a) and 213.4 of the Rules, exceptions must be filed with the 
Board within 15 working days after the receipt of a decision, and requests for an 
extension must be filed within the same time.period. However, the Board has 
discretionary authority under §213.4 of the Rules to extend the time to request an 
extension of time to file exceptions upon a showing of extraordinary circumstances.2 
Extraordinary circumstances can be established through facts demonstrating that the 
failure to make a timely request for an extension was not the result of a neglectful error 
or the burdens of other professional obligations.3
146 PERB 114568 (2013).
2 Onondaga Comm Coll, 11 PERB 1)3008 (1978); CSEA (Abrahams), 43 PERB 1)3007 
(2010).
3 Bd ofEduc of the City Sch Dist of the City of New York, 42 PERB 1)3037 (2009); 
NYSCOPBA (Hunter), 42 PERB 1)3038 (2009).
STATE OF NEW YORK
PUBLIC EMPLOYMENT RELATIONS BOARD
In the Matter of
ADJUNCT FACULTY ASSOCIATION, NASSAU
COMMUNITY COLLEGE, Upon the Charge of CASE NO. D-282
Violation of §210.1 of the Public Employees’
Fair Employment Act
This case comes to the Board from the report and recommendations of an 
Administrative Law Judge (ALJ) pursuant to §206.7 of the Ru|es of Procedure (Rules) 
recommending that we grant a motion made by counsel for the charging party to- 
withdraw the above-referred matter.
The record reveals that the motion to withdraw was filed in conjunction with the 
filing of a new charge against the Adjunct Faculty Association, Nassau Community 
College alleging that it violated of §210.1 of the Public Employees’ Fair Employment Act 
(Act). The new charge has been processed and is pending before the ALJ. No party 
has objected to the charging party’s motion to withdraw the above-captioned charge. 
After due consideration, the Board grants the motion to withdraw.
IT IS, THEREFORE, ORDERED that the above-referred charge is hereby 
withdrawn.
DATED: November 13, 2013 
Albany, New York
STATE OF NEW YORK
PUBLIC EMPLOYMENT RELATIONS BOARD
In the Matter of
CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., 
LOCAL 1000, AFSCME, AFL-CIO,
Petitioner,
-and-
CASE NO. C-6142
PLAINEDGE UNION FREE SCHOOL DISTRICT,
Employer.
CERTIFICATION OF REPRESENTATIVE AND ORDER TO NEGOTIATE
A representation proceeding having been conducted in the above matter by the 
Public Employment Relations Board in accordance with the Public Employees' Fair 
Employment Act and the Rules of Procedure of the Public Employment Relations 
Board, and it appearing that a negotiating representative has been selected,
Pursuant to the authority vested by the Public Employees' Fair Employment Act, 
IT IS CERTIFIED that the Civil Service Employees Association, Inc., Local 1000, 
AFSCME, AFL-CIO has been designated and selected by a majority of the employees 
of the above-named public employer, in the unit and described below, as their 
exclusive representative for the purpose of collective negotiations and the settlement of 
grievances.
Certification - C-6142 page 2
Included: All full-time Aides and School Monitors.
Excluded: All other employees.
FURTHER, IT IS ORDERED that the above named public employer shall
negotiate collectively with the Civil Service Employees Association, Inc., Local 1000,
AFSCME, AFL-CIO. The duty to negotiate collectively includes the mutual obligation to
meet at reasonable times and confer in good faith with respect to wages, hours, and
other terms and conditions of employment, or the negotiation of an agreement, or any
question arising thereunder, and the execution of a written agreement incorporating any
agreement reached if requested by either party. Such obligation does not compel
either party to agree to a proposal or require the making of a concession.
DATED: November 13, 2013 
Albany, New York
%/■
Jerome l^fkbwit^Chairperson
iT>
Sheila S! Cole, Member
STATE OF NEW YORK
PUBLIC EMPLOYMENT RELATIONS BOARD
In the Matter of
TEAMSTERS LOCAL 118, INTERNATIONAL 
BROTHERHOOD OF TEAMSTERS,
-and- 1
Petitioner,
CASE NO. C-6212
TOWN OF LYONS,
Employer.
CERTIFICATION OF REPRESENTATIVE AND ORDER TO NEGOTIATE
A representation proceeding having been conducted in the above matter by the 
Public Employment Relations Board in accordance with the Public Employees' Fair 
Employment Act and the Rules of Procedure, and it appearing that a negotiating 
representative has been selected,'
Pursuant to the authority vested by the Public Employees' fa ir  Employment Act,
IT IS HEREBY CERTIFIED that the Teamsters Local 118, International 
Brotherhood of Teamsters has been designated and selected by a majority of the 
employees of the above-named public employer, in the unit agreed upon by the parties 
and described below, as their exclusive representative for the purpose of collective 
negotiations and the settlement of grievances.
Included: All full-time and regular part-time hourly employees in the title of
Certification - C-6212 - 2 -
Motor Equipment Operator and the MEO/Deputy Highway 
Superintendent.
Excluded: All others.
FURTHER, IT IS ORDERED that the above named public employer shall 
negotiate collectively with the Teamsters Local 118, International Brotherhood of 
Teamsters. The duty to negotiate collectively includes the mutual obligation to meet at 
reasonable times and confer in good faith with respect to wages, hours, and other terms 
and conditions of employment, or the negotiation of an agreement, or any question 
arising thereunder, and the execution of a written agreement incorporating any 
agreement reached if requested by either party. Such obligation does not compel either 
party to agree to a proposal or require the making of a concession.
DATED: November 13, 2013
Albany, New York
Sheila S.'bole, Member


BD_Mtng_11_14_2012.pdf: 538 downloads, before Oct. 1, 2020

State of New York Public Employment Relations Board Decisions from November 14, 2012

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State of New York Public Employment Relations Board Decisions from October 31, 2011

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