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State of New York Public Employment Relations Board Decisions from October 31, 1974

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Board Decisions - NYS PERB New York State Public Employment Relations Board (PERB) 
8-22-1974 
State of New York Public Employment Relations Board Decisions 
from August 22, 1974 
New York State Public Employment Relations Board 
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State of New York Public Employment Relations Board Decisions from August 22, 
1974 
Keywords 
NY, NYS, New York State, PERB, Public Employee 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/82 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
NEWBURGH TEACHERS ASSOCIATION 
Upon the Charge of Violation of Section 210.1 
of the Civil Service Law 
#2A-8/22/74 
BOARD DECISION 
CASE NO. D-0083 
On October 15, 1973 Counsel for the Public Employment Relations Board 
(Board) charged the Newburgh Teachers Association (association) with violation 
of CSL §210.1 in that it caused, instigated, encouraged, condoned and engaged 
in a strike against the Newburgh City School District (employer), such strike 
lasting ten school days from September 17 through October 2, 1973. The 
association's answer included a denial of the allegations in the charge and, 
as an affirmative defense it asserted that the employer engaged in such acts of 
extreme provocation as to detract from the responsibility of the association 
for the strike. 
A hearing was held on November 28 and 29, 1973 and January 3, 1974, 
following which the hearing officer, in a report dated May 1, 1974, found that 
the association had caused, instigated, encouraged, condoned and engaged in a 
strike as charged. The report also contained findings regarding the extent of 
the association's wilful defiance of statutory provisions prohibiting the strike, 
the impact of the strike on the public health, safety and welfare of the com-
munity, and the financial resources of the employee organization. These finding^ 
are all supported by the evidence and accepted by us. 
More problematic, however, is the hearing officer's conclusion of law 
that the penalty to be imposed upon the association should reflect acts of 
extreme provocation by the employer. This conclusion is at odds with her 
Board - D-0083 -2 
findings of fact on the point. She found that the employer had conducted itself 
in an unreasonable and inappropriate manner prior to September 6, 1973, the 
date on which the association resolved to strike unless an agreement were 
reached by September 16. This conduct was denominated extreme provocation by 
the hearing officer. Nevertheless, the hearing officer found that the 
employer's conduct prior to September 6 did not provoke the strike. She found 
that after September 6, the employer's attitude softened and that it then strove 
to achieve a settlement and that the strike began on September 17, 1973 "because 
a bilateral agreement had not been reached by the Association imposed deadline 
and the Association wished to preserve its credibility." 
The hearing officer's findings of fact are supported by the evidence and 
we accept them. These facts, however, do not support her conclusion that the 
penalty should reflect the employer's extremely provoking conduct. It is the 
statutory scheme that inappropriate and unreasonable conduct by an employer 
during negotiations constitutes a violation of CSL §209-a.l(d), which declares 
it to be an improper practice for a public employer to refuse to negotiate in 
1 
good faith. Such conduct may also constitute extreme provocation within the 
meaning of CSL §210.3(f), but only if that conduct has, in fact, provoked the 
strike. The hearing officer has found in the instant case that it did not. 
Her reliance on our decision in Matter of Board of Education UFSD No. 4, Town 
of Rye, 6 PERB 3044 (1973) is misplaced. The circumstances in that case were 
similar to those in the instant case. That employer had engaged in unreasonable, 
and inappropriate conduct during the negotiations until the Port Chester 
Teachers Association had threatened to strike, and only then did it abandon its 
posture of appearing to negotiate while awaiting an opportunity to impose its 
_1 No such charge is before us. 44 
Board - D-0083 
-3 
predetermined fiscal plan. A strike occurred, however, when no agreement was 
reached. The difference between the cases is that in the Port Chester case we 
found that the earlier conduct of the employer engendered a sense of frustration 
that led directly to the strike, whereas in the instant case the hearing officer 
did not find so direct a relationship between the employer's inappropriate 
conduct and the strike. Accordingly, we reject the defense of extreme provo-
cation. 
NOW, THEREFORE, WE ORDER that the right of the Newburgh Teachers 
Association to membership dues deduction on 
behalf of its members shall be forfeited for a 
period of twelve (12) months commencing on the 
first practicable date and that the membership 
dues deduction shall not be restored until the 
expiration of the forfeiture period and the 
Newburgh Teachers Association pledges that it 
will not strike as required by the provisions of 
CSL 5210.3(g). 
Dated: Albany, New York 
August 22, 1974 
Robert D. Helsby, Chairman 
#red L. Denson 
3447 
PERB 58 (12-68) 
STATE OF NEW YORK 
PULs=j:C EMPLOYMENT RELATIONS BOARD 
I n t h e Mat t e r of 
KINGSTON WATER DEPARTMENT, 
- a n d -
Employer, 
N.Y.COUNCIL 66, AMERICAN FEDERATION OF STATE, 
COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, 
Petitioner, 
-and-
#26-8/22/7^ 
C a s e N o . C - 1 0 9 2 
LOCAL UNION NO. 445,. INTERNATIONAL BROTHERHOOD 
OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND 
HELPERS OF AMERICA, 
I n t e r v e n o r . 
CERTIFICATION OF REPRESENTATIVE AND ORDER TO NEGOTIATE 
A r e p r e s e n t a t i o n p r o c e e d i n g h a v i n g b e e n c o n d u c t e d i n t h e 
a b o v e m a t t e r b y t h e P u b l i c E m p l o y m e n t R e l a t i o n s B o a r d i n a c c o r d -
a n c e w i t h t h e P u b l i c E m p l o y e e s ' " F a i r E m p l o y m e n t A c t a n d t h e 
R u l e s o f P r o c e d u r e o f t h e B o a r d , a n d i t a p p e a r i n g t h a t a 
n e g o t i a t i n g r e p r e s e n t a t i v e h a s b e e n s e l e c t e d ; 
P u r s u a n t t o t h e a u t h o r i t y v e s t e d i n t h e B o a r d b y t h e 
P u b l i c E m p l o y e e s ' F a i r E m p l o y m e n t A c t , 
I T I S HEREBY CERTIFIED t h a t N.Y.COUNCIL 66, AMERICAN 
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO 
h a s b e e n d e s i g n a t e d a n d s e l e c t e d b y a' m a j o r i t y o f t h e e m p l o y e e s 
o f t h e a b o v e n a m e d p u b l i c e m p l o y e r , i n t h e u n i t d e s c r i b e d b e l o w , 
a s t h e i r e x c l u s i v e r e p r e s e n t a t i v e f o r t h e p u r p o s e o f c o l l e c t i v e 
n e g o t i a t i o n s a n d t h e s e t t l e m e n t o f g r i e v a n c e s . 
A l l employees of. t h e employer i n c l u d i n g ' s t e n o g r a p h e r , c l e r k , ' l a b o r 
U n i t : 
. I n c l u d e d : 
foreman, w a t e r s e r v i c e man, motor equipment o p e r a t o r , l a b o r e r , w a t e r main-
t enance man, meter- r e a d e r , r e s e r v o i r o p e r a t o r , wa te r p l a n t o p e r a t o r , a s s i s t a n t 
w a t e r p l a n t o p e r a t o r , wa t e r p l a n t t r a i n e e , b i l l i n g machine o p e r a t o r , s t o c k 
c l e r k . 
Excluded: Board of w a t e r commiss ioners , s u p e r i n t e n d e n t of w a t e r d e p a r t m e n t , 
a d m i n i s t r a t i v e a s s i s t a n t , w a t e r works foreman, main tenance foreman, c h i e f • 
w a t e r p l a n t o p e r a t o r and a l l o t h e r employees . 
F u r t h e r , I T I S ORDERED t h a t t h e a b o v e n a m e d p u b l i c e m p l o y e r 
s h a l l n e g o t i a t e c o l l e c t i v e l y w i t h N.Y.COUNCIL 66 , AMERICAN 
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO 
a n d e n t e r i n t o a w r i t t e n a g r e e m e n t w i t h s u c h e m p l o y e e o r g a n i z a t i o n 
w i t h r e g a r d t o t e r m s a n d - c o n d i t i o n s o f e m p l o y m e n t , a n d s h a l l 
n e g o t i a t e c o l l e c t i v e l y w i t h s u c h e m p l o y e e o r g a n i z a t i o n i n t h e 
d e t e r m i n a t i o n o f , a n d a d m i n i s t r a t i o n o f , g r i e v a n c e s . 
S i g n e d o n t h e 2 2 n d d a y o f A u g u s t 19 74 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
IN THE MATTER OF 
CITY OF NIAGARA FALLS, 
Employer, 
. -and-
CIVIL SERVICE INDEPENDENT UNION OF 
NIAGARA FALLS, 
Petitioner, 
-and-
UNITED STEEL WORKERS OF AMERICA LOCAL 
15071, AFL-CIO, 
Intervenor. 
CERTIFICATION OF REPRESENTATIVE AND ORDER TO NEGOTIATE 
A representation proceeding having been conducted in the 
above matter by the Public Employment Relations Board in accord-
ance 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 United Steel Workers of 
America Local 15071, 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 of the employer who are in a 
position in the competitive class of the Classified Civil Service 
(paid on annual basis) including provisional & probationary 
employees in the above class. 
Excluded: Department Heads, all Deputy Department Heads, 
the Director of' Civil Defense, all Uniformed Fire Fighters, all 
Fire Alarm Operators, all Uniformed Policemen, all Police Dis-
patchers, all persons employed as Filter & Pumping Plant Operators 
& Control Mechanics & Assistant Filter & Pumping^ Plant Operators 
and temporary & seasonal employees in the above competitive class. 
Further, IT IS ORDERED that the above named public employer 
shall negotiate collectively with United Steel Workers of America 
Local 15071, 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 organization in the 
determination of, and administration of, grievances. . 
TT t-v W i-i./ / T 
Case No. C-1067 
Signed on the 22ndday of August , 19 74 . 
STATE OP NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
#2D-8/22/72f 
In t h e M a t t e r of 
CITY OF BUFFALO, 
- and -
Employer , 
LOCAL 6 5 0 , NEW YORK COUNCIL 6 6 , 
AMERICAN FEDERATION OF STATE, COUNTY 
AND MUNICIPAL EMPLOYEES, AFL-CIO, 
P e t i t i o n e r . 
Case No. C-1089 
CERTIFICATION OF REPRESENTATIVE AND ORDER TO NEGOTIATE 
A representation proceeding having been conducted in the 
above matter by the Public Employment Relations Board in accord-
ance 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 LOCAL 650, NEW YORK COUNCIL^66, 
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, 
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 security guards employed by the employer, 
• including sergeants. 
Excluded: All other employees. 
Further, IT IS ORDERED that the above named public employer 
shall negotiate collectively with LOCAL 650, NEW YORK COUNCIL 66, 
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, 
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 organization in the' 
determination of, and administration of, grievances. 
Signed on the 22nd day of August 19. 74 
Robert D. Helsby", Chairman 
:>-68) 
3450 


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