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State of New York Public Employment Relations Board Decisions from May 3, 1978

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State of New York Public Employment Relations Board Decisions from May 7, 1979

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Board Decisions - NYS PERB New York State Public Employment Relations Board (PERB) 
5-7-1979 
State of New York Public Employment Relations Board Decisions 
from May 7, 1979 
New York State Public Employment Relations Board 
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State of New York Public Employment Relations Board Decisions from May 7, 
1979 
Keywords 
NY, NYS, New York State, PERB, Public Employment Relations Board, board decisions, labor disputes, 
labor relations 
Comments 
This contract 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/133 
~1 
I 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the 
POLICE 
CITY OF 
CITY OF 
Matter of 
BENEVOLENT ASSOCIATION OF THE : 
WHITE PLAINS, INC., : 
Respondent, : 
WHITE 
-and-
PLAINS 
Charging Party. : 
#2A-5/7/79 
BOARD DECISION AND ORDER 
CASE NO. U-2804 
MARTIN W. SCHWARTZ, ESQ., for Respondent 
RAINS, POGREBIN & SCHER (TERENCE H. O'NEIL, ESQ., 
of Counsel), for Charging Party 
The charge herein was filed by the City of White Plains on June 27, 
1977. It alleges that the Police Benevolent Association of the City of White 
Plains, Inc. committed an improper practice in that it improperly insisted upon 
the negotiation of nonmandatory subjects by submitting them to compulsory 
1 
interest arbitration over the objections of the City. 
One of the allegedly nonmandatory subjects of negotiation was the demand 
that an employee could not be suspended without pay when he is served with 
disciplinary charges. Section 75 of the Civil Service Law deals with the 
discipline of employees of public employers other than the State of New York 
Subdivision 3 : of that section authorizes the suspension without paysof-.ah 
employee who has been"charged with misconduct-or incompetence. Two months 
before the filing of the charge herein, this Board had determined that the 
provisions of Civil Service Law §75 relating to "disciplinary proceedings 
are preemptive of the subject and are not open to collective negotiations", 
City of Auburn, 10 PERB 113045. An appeal was taken from that determination. 
On October 4, 1977, the Supreme Court, Albany County, reversed our determi-
nation in the Auburn case, Auburn Police Local 195 v. Helsby, 91 Misc. 2d 909 
10 PERB 1[7016, and we appealed that decision. Accordingly, we advised the 
parties that we would hold the instant case until the Auburn case was resolvejd 
by the courts and our own position could be clarified. The decision of the 
Supreme Court was subsequently affirmed by the Appellate Division, Third 
Department, 62 App.Div. 2d 12 (1978), 11 PERB 117003, and on March 29, 1979, 
it was affirmed by the Court of Appeals, NY 2d , 12 PERB 117006. We 
now decide the instant case. 
Board - U-2804 -2 
DISCUSSION 
The following three demands are before us: 
1. "Disciplinary Procedures (Suspension of Employees) 
An employee may not be suspended without pay when he is served 
with charges. The member shall be placed on modified assign-
ment with full pay and all benefits, unless the City determines 
that he is capable of performing full police duty." 
The entire subject of employee discipline is not preempted by §75 of the Civil 
Service Law. Section 75 leaves the subject of this demand to the discretion 
of the- public employer; therefore, this demand is a mandatory subject of nego-
tiation. The demand would merely require the employer to pay wages to an 
employee who is facing disciplinary charges. The concern of the demand is with 
such economic benefits. 
2. "Polygraph and Chemical Tests - The City shall not make use 
of polygraph, psychological stress evaluator or any other 
test designed to measure veracity by monitoring of bodily 
functions, and/or chemical tests on employees when investi-
gating their activities. An employee may not be ordered or 
requested to take any of the aforementioned tests." 
This is a nonmandatory subject of negotiation.. It is not limited to procedures 
solely relating to ordinary employee departmental discipline and hence goes 
beyond the scope of terms and conditions of employment. Its broad scope might 
preclude the police department from investigating suspected and actual crimes 
of policemen in the manner that it investigates suspected and actual crimes of 
others. 
3. "Safety Clause - Article XX of the present contract shall 
be amended to read as follows: 
No police officer shall be ordered to operate 
vehicles or equipment which is defective, arid as 
such may cause physical harm to the officer or 
other person(s) or damage to the vehicle or other 
vehicles. A police officer shall not be penalized, 
re-assigned or disciplined for refusing to operate 
unsafe vehicle(s) or equipment." 
This is a mandatory subject of negotiation. It consists of a general safety 
clause and a provision that a police officer, should not be penalized for 
0 AiO 
•rJ 
Board - U-2804 - 3 
2 
refusing to operate unsafe equipment. The application of the safety clause in 
specific situations would be subject to the grievance procedures established by 
the agreement. The provision sought here is substantially similar to that 
already approved by us and the Court in City of New Rochelle v. Crowley, 61 AD 
2d 1031 (2nd Department, 1978), 11 PERB 117002. 
NOW, THEREFORE, WE ORDER that the Police Benevolent Association of the 
City of White Plains, Inc., withdraw the second of 
the demands discussed herein, and in all other 
respects the charge herein is dismissed. 
DATED: Albany, New York 
May 8, 1979 
7 ^ ^ > V - ^ f f l r&4>fr-t4<-~/$/>i 
Harold R. Newman, Chairman 
*fy-eu A?JUJU^^ 
Ida Klaus, Member 
David C. Randies, Membe'r 
2_ We do not interpret the term "reassigned, in this demand to mean that a 
police officer shall remain free of any other assignment during the period 
when his vehicle is deemed defective. 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
TOWN OF LEWISTON, 
Employer, 
-and-
CIVTL SERVICE EMPLOYEES 
ASSOCIATION, INC. , 
Petitioner, 
#2B-5/7/79 
BOARD DECISION AND ORDER 
' CASE NO. C - 1 6 5 7 
On March 27, 1978, the Civil Service Employees Association, 
Inc. (petitioner) filed, in accordance with the Rules of Pro-
cedure of the Public Employment Relations Board, a timely 
petition for certification as the exclusive negotiating repre-
sentative of certain employees employed by the Town of Lewiston 
(employer). 
Following an informal conference, the parties executed a 
consent agreement which was approved by the Director of Public 
Employment Practices and Representation on January 29, 1979. 
The negotiating unit stipulated to therein was as follows: 
Included: All full-time laborers, motor equipment 
operators, maintenance man in sewer and 
water departments, auto mechanic, dog 
enumerator/maintenance man. 
Excluded: Seasonal, temporary and all other 
employees. 
Pursuant to the consent agreement, a secret-ballot election 
was held on February 26, 1979. The results of the election 
5744 
-2-
indicate that the majority of eligible voters in the stipulated 
unit who cast valid ballots do not desire to be represented 
. . . 1/ 
for purposes of collective negotiations by the petitioner. 
Therefore, it is ordered that the petition should be, and 
hereby is, dismissed. 
%^£^f l^~tS-Z*uLS&^%t S 
far old R. Newman, Chairman 
Dated at Albany, New York 
This 7th day of May, 1979. 
jsk*&3 tffam. 
Ida Klaus, Member 
David C. Randies 
1/ There were f if teen; (15)^  ballots cast in favor of and 
eighteen (18) ballots against representation by the 
petitioner. One challenged ballot was cast, but it 
was not sufficient to affect the results of the election. 
5745 
STATE OF NEW YORK _ 
PUBLIC EMPLOYMENT RELATIO] BOARD 
#2C-5/7/79 
' C a s e No. C-1872 
Riverhead Central School District, 
Employer,' 
- and -
Civil Service Employees Association, 
Suffolk Educational Chapter, Local 87 0, 
. Petitioner. 
i| CERTIFICATION OF REPRESENTATIVE AND ORDER TO NEGOTIATE , 
'! A representation proceeding having been conducted in the 
i( above matter by the Public Employment Relations Board in accord-
:l ance with the Public Employees' Fair Employment Act and the 
:; Rules of Procedure of the Board, and it appearing that a. 
;j negotiating representative has been selected, 
Pursuant to the authority vested in the Board by the 
Public Employees' Fair Employment Act,1. 
IT IS HEREBY CERTIFIED that the Civil Service Employees 
Association, Suffolk Educational Chapter, Local 870 
.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 representa-
tive for the purpose of collective negotiations and the settle-
ment of grievances. 
Unit: Included: Aides/monitors. 
Excluded: All other employees. 
Further, IT IS ORDERED that the above named public - I 
employer shall negotiate collectively with the Civil Service ; 
Employees Association, Suffolk Educational Chapter, Local 870 j 
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 7th day of 
Albany, New York 
May , 1979 
PERB 58.3; 
574.8 
Was*-^?^/ /(? /[/P^t/-^ 
Harold R. Newman, Chairman -/^--frt-
&]<££?,£, 
David C. R a n d i e s , Member 
j . U U J J A j j i - i i ; u u A r i i - t i A i u j u n i . j . u n u JDWJ1.X\JJ 
In the Matter of 
STATE OF NEW YORK, UNIFIED COURT SYSTEM 
(CITY OF WHITE PLAINS), 
Employer, 
-and-
NINTH JUDICIAL DISTRICT COURT EMPLOYEES 
ASSOCIATION, 
Petitioner, 
-and-
CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., 
LOCAL'1000, AFSCME, AFL-CIO, • 
Intervenor. 
#2D_5/7/79 
Case No. C-1722 
;j CERTIFICATION OF REPRESENTATIVE AND ORDER TO NEGOTIATE 
i 
II A representation proceeding having been conducted in the 
i! -above -matter- by the-Public- -Employment -Relations -Board- -in accord-
i| ahce with the Public Employees' Fair Employment Act and the 
;j Rules of Procedure of the-Board, and it appearing, that a 
jj negotiating representative has been selected, 
| Pursuant to the authority vested in the Board by the 
'• Public Employees' Fair Employment Act, 
i IT IS HEREBY CERTIFIED that the Civil Service Employees 
•Association, Inc., Local 1000, AFSCME, AFL-CIO 
li-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 representa-
tive for the purpose of collective negotiations and the settle-
ment of grievances. 
Unit: Included: Court Assistant I, Court Office Assistant, 
City Marshall, Court Clerk I, Court Assistant II, 
Court Reporter I and Chief Clerk, City Court. 
Excluded: All other employees. 
] •; Further, IT IS ORDERED that the above named public ! 
j employer' shall negotiate collectively with the Civil Service ; 
jEmployees Association, Inc., Local 1000, AFSCME, AFL-CIO ' • 
;
 and enter into a written agreement with such employee organization 
j; with regard to terms and conditions of employment, and shall 
;; negotiate collectively with such employee organization in the 
•j determination of, and administration of, grievances. 
!• Signed on the 8th day of 
Albanyj New York 
R15H 
May , 197 9 
T ^ W ^ 7 /P. A/L^> 
.d R. Newman, 
&U ASA..* 
Harold R. Newman, Chairman 
Ida. .Klaus, Member 
V+J<tkdl&, 
David C. R a n d i e s , Mdmber usf  
PUBLIC EMPLOYMENT RELATIONS BOARD 
#2E-5/7,/79 
C a s e No . C-1724 
In the Matter of 
S.TATE OF NEW YORK, UNIFIED COURT SYSTEM 
(COUNTY OF ROCKLAND), 
Employer, 
-and-
NINTH JUDICIAL DISTRICT COURT EMPLOYEES 
ASSOCIATION, 
Petitioner-
-and-
CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. 
LOCAL 1000, AFSCME, 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 
Court Employees Association 
the Ninth Judicial District 
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 representa-
tive for the purpose of collective negotiations and the settle-
ment of grievances. 
Unit: Included: Assistant Surrogate Court Clerk, Court Clerk I, 
Court Office Assistant, Court Reporter I, Secre-
tary to Judge, Deputy Commissioner of Jurors, 
Court Assistant I, Assistant Court Clerk, Uniformed 
.Court Officer, Senior Court Officer, Clerk, Assis 
tant Court Clerk, Senior Library Clerk, Court 
Assistant II, Court Clerk II, Deputy Chief Clerk-j 
Family Court, Court Clerk III and Senior Stenogra-i-
pher. ~ 
Excluded:. . Chief Clerk - Family Court, Law Secretary to 
Judge, Commissioner of Jurors, Chief Clerk-
Surrogate Court and all other employees. 
Further, IT IS ORDERED that the above named public 
employer shall negotiate collectively with the Ninth Judicial 
District Court Employees Association j 
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 8th day of May-, 1979 
!: Albany, New York 
•F.RB 58.3. 
5748 
Hafold R. Newman, Chairman 
Ida Klaus, Member 
(W£B/JC '• 
David C.'Randies, Member 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIO! BOARD 
#2F-5/7/79 
C a s e No. C-1725 
In the Matter of . 
STATE OF NEW YORK, UNIFIED COURT SYSTEM 
(COUNTY OF WESTCHESTER), 
Employer, 
-and-
NINTH JUDICIAL DISTRICT COURT EMPLOYEES 
ASSOCIATON, • 
Petitioner, 
-and-
'CIVIL SERVICE EMPLOYEES ASSOCIATION, .INC., 
LOCAL 1000, AFSCME, 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 
j negotiating representative has been selected, 
j Pursuant.to the authority vested in the Board by the 
I Public Employees' Fair Employment Act, 
! IT IS HEREBY CERTIFIED that the Ninth'Judicial District 
Court Employees Association 
li.has been designated and selected by a majority of the employees 
i. of the above named public employer, in the unit agreed upon by 
•the parties and described.below, as their exclusive representa-
tive for the purpose of collective negotiations and the settle-
ment of grievances. 
Unit: ^Included: See attached list. 
Excluded:' First Deputy Commissioner of Jurors, j 
Commissioner of Jurors, Chief Clerk ! 
Family Court, Chief Clerk Surrogate .. • ' ! 
and all other employees. • 
I 
Further, IT IS ORDERED that the above named public I 
employer shall negotiate collectively with the. Ninth Judicial j 
District Court Employees Association • . ! 
i' and enter into a written agreement with such employee organization 
j. 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 8th day of 
Albany, New York 
PERB 5 8.3! 
574< 
May, 1979 
Harold R. Newman, Chairman 
3w, , kjUiUti^-
Ida Klaus, Member 
David C. Randies, Member 
-1725 
Unit: Included: Secretary to Chief Clerk, Law Librarian III, 
Deputy Coinniissioner of Jurors, -Stenographer, 
Court Clerk III, Court Assistant I, Court 
Reporter 1, Court Assistant II, Assistant 
Court Clerk, Court Clerk I, Account Clerk, 
Court Clerk II, Court Office Assistant, 
. Court Assistant I, Lav/ Library Clerk, 
Senior Stenographer, Surrogate Court Clerk II,. 
Court Assistant II, Surrogate Court Clerk 
Accounting II', Senior Lav/ Stenographer, 
Impanelling Assistant, Uniformed Court Officer-, 
Secretary to Judge, Office Machine Operator, 
Assistant Surrogate Court Clerk, Senior Office, 
Machine Operator, Principal Stenographer, 
Secretary to Surrogate, Surrogate Court 
Clerk (Prob) I, Assistant County Court Clerk, 
—' . -.
 ; - Messenger-,-.Senior-Xaw .iibrary-Clerk.,_-S_urr.og.ar.e-. 
Court Clerk I, Deputy Chief Clerk-Family Court, 
Law Assistant II, Deputy Chief Clerk-
Surrogate Court, Law Secretary to County Court 
• Judge and Law Secretary to Family .Court Judge. 
5750 


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State of New York Public Employment Relations Board Decisions from May 3, 1978

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