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New York State Public Employment Relations Board

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State of New York Public Employment Relations Board Decisions from June 30, 1977

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State of New York Public Employment Relations Board Decisions from April 9, 1979

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Board Decisions - NYS PERB New York State Public Employment Relations Board (PERB) 
7-20-1977 
State of New York Public Employment Relations Board Decisions 
from July 20, 1977 
New York State Public Employment Relations Board 
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State of New York Public Employment Relations Board Decisions from July 20, 
1977 
Keywords 
NY, NYS, New York State, PERB, Public Employment Relations Board, board decisions, labor disputes, 
labor relations 
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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/11 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
CITY OF AUBURN, 
Charging Party, 
-and-
AUBURN POLICE LOCAL 195, COUNCIL 82, 
AMERICAN FEDERATION OF STATE, COUNTY AND 
MUNICIPAL EMPLOYEES, AFL-CIO, 
Respondent. 
On July 1, 1977 the Auburn Police Local 195, Council 82, AFSCME, 
AFL-CIO (Local 195) filed a Motion with us for reconsideration of the decision 
and order we issued in this case on June 2, 1977. In that decision and order 
we determined that Local 195 had violated its duty to negotiate in good faith 
by improperly insisting upon the submission to arbitration of demands relating 
to "Discipline and Discharge", a matter covered by §75 of the Civil Service Law. 
The basis for this determination was our conclusion that "The statutory provisiois 
relating to removal and other disciplinary proceedings are preemptive of the 
subject matter and are not open to collective negotiation." 
Local 195's Notice of Motion states that our decision "is based 
upon an error of law and misapprehension as to material and relevant facts which 
would be determinative of the outcome of this proceeding." In support of the 
Motion, Local 195 submits an affidavit which is actually a memorandum of law. 
When the original case was submitted to us, we were concerned about 
the complexity of the legal issue involved. Finding that the parties' memoranda 
of law were not sufficiently helpful, we requested supplemental briefs and 
invited them to present oral argument. Having been unsuccessful in persuading 
4800 
1F2A-//ZU/ // 
BOARD DECISION AND ORDER ON 
MOTION FOR REARGUMENT 
CASE NO. U-2510 
Board - On Motion, U-2510 -2 
us in its original memorandum of law, supplemental brief and oral argument, 
Local 195 now seeks an opportunity to reargue its position. We deny this 
motion. 
In Matter of Binghamton Firefighters, 9 PERB §3078, we said: 
"Reconsideration of a quasi-judicial determination by an administrative agency 
is an unusual procedure (see New York Jurisprudence, Vol. 1, Administrative Law, 
§§155, 156 and 157). None of these circumstances that would permit such 
reconsideration are present in the instant case.' What was said in that case is 
applicable here. 
ACCORDINGLY, the Motion for Reconsideration is denied. 
DATED: New York, New York 
July 20, 1977 
DID NOT PARTICIPATE 
Robert D. Helsby, Chairman 
£7^L, /CJLgf^u^l^^ 
Ida Klaus 
PERB 50 
{10-75) 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BC. ..0 
In the Matter of 
CITY OP. COHOES, 
- and T-
Employerj 
COHOES PROFESSIONAL FIRE FIGHTERS, 
LOCAL 2562, I.A.F.F., 
Petitioner, 
- and -
COHOES FIREMENS' ASSOCIATION, INC.,. 
Intervenor. 
#2B-7/20/77 
CASE NO. C - 1 4 9 4 
'CERTIFICATION OF REPRESENTATIVE" AND ORDER TO NEGOTIATE" ~'~~ 
A representation proceeding having been conducted in the 
above matter by the Public Employment Relations Board in accor-
dance with the Public Employees' Fair Employment Act and the 
Rtiles of Procedure of the Board, and it appearing that a 
negotiating representative has-been selected; 
Pursuant to the authority vested in the Board by the 
Public Employees' Fair.Employment Act, 
IT IS HEREBY.CERTIFIED that the Cohoes Professional 
Fire Fighters,'Local 25.62, I.A.F.F. • ' 
has been designated and selected by a majority of the employees 
of the above-named public employer, in the unit described below, 
as their exclusive representative for the purpose of collective 
negotiations and the settlement of grievances. 
Unit: INCLUDED: All employees of the Cohoes fire department. 
EXCLUDED: Fire Chief, Secretary to Fire Chief and 
.Assistant Fire Chief and Public Safety 
Physician. 
Further, IT IS ORDERED that the above-named public employer 
jshali negotiate • collectively with the Cohoes Professional Fire 
Fighters, Local 2562, I.A.F.F. 
?.nd enter into a written agreement with such employee organization 
filth regard .to terms and conditions of employment, and shall 
negotiate collectively with such employee.organization in. the 
Determination of, and administration of, grievances. 
Signed on the 20th day of Ju ly , 1#7 
DID NOT PARTICIPATE 
Robert D. Helsby,- Chairman 
Ida Klaus 
PERD : 
(10-7-
STATE OF NL*W YORK 
PUBLIC .EMPLOYMENT DELATIONS BG. ..D 
In the Matter of 
CITY OF' OSWEGO, 
- and -
Employer, 
SERVICE EMPLOYEES' INTERNATIONAL 
UNION, LOCAL 200, AFL-CIO, 
Petitioner, 
- and -
CIVIL SERVICE EMPLOYEES ASSOCIATION, 
INC., OSWEGO COUNTY CHAPTER, 
. Tntervenor. 
CERTIFICATION OF :REPRESENTATIVE 
A representation proceeding hav 
above matter by the Public Employment 
dance with the Public Employees' Fair-
Rules of Procedure of the Board, and i 
negotiating representative has been se 
Pursuant to the authority vested 
Public Employees' Fair Employment Act, 
#20-7/20/77 
CASE NO. C-1491 
AND ORDER TO NEGOTIATE 
ng been conducted in the 
Relations Board in accor-
Employment Act and the 
t appearing.that a 
l.ected; 
in the Board by the 
IT IS HEREBY CERTIFIED that the Service Employees' 
International Union, Local 200, AFL-CIO 
has been designated and selected by a majority of the employees 
of the above-named public employer, in the unit described below, 
as their exclusive representative for the 'purpose of collective 
negotiations and the settlement of grievances. 
(Unit: - INCLUDED: All employees in the currently recognized 
unit. 
EXCLUDED: . All part-time (20 hours or less), all seasonal 
employees (6 months or less regardless of 
hours per week) and all other employees of 
the employer. ' 
Further,.IT IS ORDERED that the above-named public employer 
shall negotiate collectively with the Service Employees' Inter-
national Union, Local 20.0, AFL-CIO 
and enter into a written agreement with such employee organization 
with regard to terms and conditions of employment,, and shall 
negotiate collectively with such employee organisation in the 
iletermination of, and administration of, grievances.. 
Signed on- the 20th cjay 0f July , 1977- . 
DID HOT PARTICIPATE 
Robert D. Helsby, Chairman 
/ffose/h R. Crowley _ 1 / 
4803 
Ida Klaus 
PERB 58 
(10-75) 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOrtRD ' 
In the Matter of 
LINDENHURST UNION FREE SCHOOL 
DISTRICT, 
Employer, 
' - and -
NEW YORK STATE NURSES ASSOCIATION, 
. Petitioner. 
#2D-7/20/77 
CASE NO/ C-1347 
"" CERT IF I CAT I OH OF: RBPRES ENTATTVE AND " ORDER TO NEGOTIATE" 
A representation proceeding having been conducted in the 
above matter by the Public Employment Relations Board in accor-
dance with the Public Employees' Fair Employment Act and the 
Rules of Procedure of the Board, and it appearing that a 
negotiating representative has been selected: 
Pursuant to the- authority vested in 'the Board by the 
iPublic Employees' -Fair Employment Act, 
IT IS HEREBY CERTIFIED that the New York State Nurses 
Association 
has been designated and selected by a majority of the employees 
of the above-named public-employer, -in the unit described below, 
as their exclusive'representative-for the purpose of collective 
negotiations and the settlement of grievances.-
Unit: INCLUDED: All registered professional nurses and 
persons authorized by permit to practice 
as registered professional nurses. 
EXCLUDED: All other employees of the employer. 
' Further, IT, IS ORDERED that the above-named public employer 
shall negotiate collectively with the New York State Nurses. 
Association 
md enter into a written agreement with such employee organization 
•;ith regard to terms and conditions' of employment, and shall 
isgotiate collectively with such employee organization in the 
Determination of, and administration of, grievances. 
Signed on the 20th day of July , 19 77 
DID NOT PARTICIPATE 
R o b e r t D. H e l s b y , Chairman 
Fos/ph R- Crowley 
I d a K l a u s ' 
tjtG-V-i. 
PERB 53 
(10-75) 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BL .J5 
In the Matter of 
HARTSDALE FIRE DISTRICT, 
- and -
Employer, 
HARTSDALE PAID OFFICERS ASSOCIATION, 
Petitioner, 
- and -
HARTSDALE PAID FIREMEN'S BENEVOLENT 
ASSOCIATION, INC., LOCAL 1761, IAFF, 
Intervenor. 
#2E-7/20/77 
CASE NO.. C-1^78 
"" CERTIFICATION OF REPRESENTATIVE AMD ORDER TO NEGOTIATE 
A representation proceeding having been conducted in the 
above matter by the Public Employment Relations .Board in accor-
dance with the Public Employees' Fair Employment Act and the 
Rules of Procedure of the Board,, and it appearing that a 
negotiating representative has been selected; ) ~ ' 
Pursuant to the authority vested in the Board by the 
Public Employees.' Fair Employment Act, 
IT IS HEREBY CERTIFIED that the Hartsdale Paid Officers 
Association
 ( . 
has been designated and selected by a majority of the employees 
of the above-named public employer, in the unit described below, 
as their exclusive representative for the'purpose of collective 
negotiations and the settlement of grievances. 
Unit: INCLUDED: -Deputy fire chiefs and captains. 
EXCLUDED: All other employees. 
Further, IT IS ORDERED that the above-named public empioyer 
shall negotiate collectively with the Hartsdale Paid Officers 
Association 
and enter into a written agreement with such employee organization, 
itfitb regard to terms and conditions of employment, and shall 
negotiate collectively with such employee organization in the 
fletermination of, and administration of, grievances. 
Signed on the 20th day of July , i977 
DID HOT PARTICIPATE 
Robert D. Helsby, Chairman 
i'Jos^ epb. R- Crowley ^/ 
Ida Klaus 
PER a 'iij 
(10-75) 
In the Matter of 
SHERIFF'S DEPARTMENT, COUNTY OP ALBANY,' 
S.ND COUNTY OP ALBANY, ' 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS I3C. -D 
INTERNATIONAL BROTHERHOOD OF TEAMSTERS,. 
HAUPPEURS, WAREHOUSEMEN AND HELPERS 
DP AMERICA, LOCAL 294/ 
Petitioner! 
Joint Employer, 
and -
#2F-7/20/77 
CASE NO. 0 - 1 5 0 1 
CERTIFICATIOi\r OF REPRESENTATIVE AND ORDER TO NEGOTIATE ; ' 
A representation proceeding having been conducted in the 
above matter by the Public Employment Relations Board in. accor-
dance with the Public Employees' Fair Employment Act and the 
Rules of Procedure of the Board, and it appearing that a 
negotiating representative has been selected; 
Pursuant to the authority vested.in the Board by" the 
Public Employees' Fair Employment Act, 
IT IS HEREBY CERTIFIED that the International Brotherhood 
of Teamsters, Chauffeurs, Warehousemen and Helpers of America, 
ocal 294 
has been designated and selected by a majority of the employees 
of the above-named public employer, in the unit described below, 
as their exclusive representative for the purpose of collective 
negotiations .and the settlement of grievances.' -
[Unit: INCLUDED: All captains, lieutenants, sergeants, 
corporals, chief clerk and maintenance 
supervisor of the Sheriff's Department.. 
EXCLUDED: All other, employees of the Sheriff's 
Department. ' 
Further, IT .IS ORDERED that the above-named public employer 
[shall negotiate collectively with the International Brotherhood of 
Teamsters, Chauffeurs, Warehousemen and"Helpers of America, 
.ocal 294 
and enter into a written agreement with such employee organization 
ith regard to terms and conditions of employment, and shall-
negotiate collectively with such employee organization in.the 
determination of, and administration of, grievances. 
Signed on the 20th day of July , 1977 
DID NOT PARTICIPATE 
R o b e r t D. H e l s b y , Chairman 
J ^ s e ^ R. CrowleyN/ 4 Rflfi 
Ida Klaus 


State of New York Public Employment Relations Board Decisions from July 20, 1977

5_5_1977_PERB_BD_DecisionsOCR.pdf: 68 downloads, before Oct. 1, 2020