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New York State Public Employment Relations Board

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Board Decisions - NYS PERB New York State Public Employment Relations Board (PERB) 
1-26-1978 
State of New York Public Employment Relations Board Decisions 
from January 26, 1978 
New York State Public Employment Relations Board 
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State of New York Public Employment Relations Board Decisions from January 
26, 1978 
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/164 
//2A-1/26/78 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of the 
ONTEORA NON-TEACHING EMPLOYEES ASSOCIATION, 
-and-
ONTEORA TEACHERS ASSOCIATION, 
Upon the Charge of Violation of Section 
"210.1 of the Civil Service Law. 
BOARD DECISION AND ORDER 
CASE NO. D-0157 
On November 16, 1977, Martin L. Barr, Counsel to this Board, 
filed a charge alleging that the Onteora Non-Teaching Employees Association 
(ONTEA) had violated Civil Service Law (CSL) §210.1 in that it caused, insti-
gated, encouraged, condoned, and engaged in a one-day strike against the 
Onteora Central School District (District). 
The charge further alleged that the strike took place on 
October 21, 1977, involving approximately 114 public employees out of a 
negotiating unit of some 134. 
In addition, the charge named the Onteora Teachers Association as 
a party-respondent because ONTEA has authorized the District to remit part of 
its CSL §208 permissible dues deductions to the Onteora Teachers Association 
and because the charging party contemplated recommending an order directing 
the District to cease making and remitting said dues deductions in their 
entirety, without regard to any participation by the Onteora Teachers 
Association in the strike. 
Both respondents filed an answer, but thereafter agreed to withdraw 
it, thus admitting to all of the allegations of the charge upon the under-
standing that the charging party would recommend, and this Board would accept, 
a penalty of loss of its dues deduction privileges to the extent of 25% of the 
Board - D-0157 -2 
1 
amount that would otherwise be made during a year. The charging party had 
recommended a suspension of deduction privileges for 25% of such deductions. 
On the basis of the unanswered charge, we find that ONTEA violated 
CSL §210.1 in that it engaged in a strike as charged, and we determine that 
the recommended penalty is a reasonable one. 
WE ORDER that the deduction privileges of the Onteora Non-Teaching 
Employees Association, including any remittances therefrom 
to the Onteora Teachers Association, be suspended commencing 
on the first practicable date, so that no further deductions 
be made by the Onteora Central School District for a period 
of time during which 25% of the annual deductions would other-
wise be made on behalf of the Onteora Non-Teaching Employees 
Association. Thereafter, no such deductions shall be made 
on its behalf by the Onteora Central School District until 
the Onteora Non-Teaching Employees Association affirms that 
it no longer asserts the right to strike against any govern-
ment as required by the provisions of CSL §210.3(g). 
DATED: New York, New York 
January 26, 1978 
4^-^-^/^ /P&+t 
Harold R-. Newman, Chairman 
Ida Kxaus 
1_- This is intended to be an equivalent of a three (3) month suspension of 
the privileges of the dues and/or agency shop fee deduction, if any, if 
such were withheld in equal monthly installments throughout the year. 
%M3 iO 
#2B-l/26/78 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
BOARD DECISION AND ORDER 
NYACK TEACHERS ASSOCIATION, : 
Upon the Charge of Violation of : 
Section 210.1 of the Civil Service Law. Case No. D-0125 
This matter comes to us on the application of the Nyack 
Teachers Association for full restoration of its dues deduction 
privileges. The Association's dues deduction privileges had or-
iginally been indefinitely suspended on January 30, 1976, at which 
time we determined that it had violated Section 210 of the Civil 
Service Law by engaging in a strike against the Nyack Central 
School District during the period October 14 through November 21, 
1975 (see 9 PERB 113016) . We stated at that time that the Associ-
ation could apply for restoration of such privileges any time 
after August 15, 1977, such application to be "supported by proof 
of good faith compliance with subdivision one of Section 210 of 
the Civil Service Law since the violation herein found, such proof 
to include, for example, the successful negotiation, without a 
violation of said subdivision, of a contract covering ; the-: employ-
ees in the unit affected by the violation . . .,",.and accompanied 
by a no-strike affirmation. 
On December 8, 1977, this Board, in response to the Associ-
ation's application for restoration of dues check-off privileges, 
suspended the forfeiture of said privileges, finding that the 
Association had not threatened to strike during negotiations for 
the first new contract between the parties since the forfeiture 
had been imposed (see 10 PERB 1[3l02.)-r~ However, since the parties 
were still in negotiations, and therefore since the Association 
had not yet successfully negotiated an agreement, suspension of 
the forfeiture was made subject to revocation "in the event of a 
strike or strike threat." We then held that the Association could 
"apply;for full restoration of its dues deduction privileges upon 
the successful negotiation of a contract in the unit affected by 
-the violation.'' 
On December 13, 1977, the Nyack Teachers Association submitted 
to this Board a statement alleging that it had successfully nego-
tiated a new three-year agreement which had been ratified on 
December 12, 1977, and requesting full restoration of dues ded-
uction privileges. We have ascertained that the allegation is 
truthful, and have further ascertained that the Association has 
not engaged in, caused, instigated, encouraged, condoned or threat-
f 
ened a strike against the Nyack Central School District since the 
date of the above-stated violation. 
NOW, THEREFORE, WE ORDER that the dues deduction privileges 
..of the Nyack Teachers Association be and hereby are fully 
restored. 
Dated: New York, New York 
January 26,, 1978 
HAROLD R.NEWMAN, "CHAIRMAN' 
A^Jt^C^S^— 
IDA KLAUS 
507I 
//2C-1/26/78 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
ONONDAGA COMMUNITY COLLEGE, 
Respondent, 
-and-
ONONDAGA COMMUNITY COLLEGE FEDERATION 
OF"TEACHERS, AFT,"L'0"CAE T8"4"5"r" " 
Charging Party. 
BOARD DECISION 
CASE NO. U-2587 
On January 13, 1978, the Onondaga Community College moved this Board 
for an extension of the period of time in which to request an extension of the 
time to file exceptions to a hearing officer's decision. That hearing officer's 
decision determined that the Onondaga Community College had violated its duty 
to negotiate in good faith by refusing to execute an agreement that it had 
made. The hearing officer's decision was received by the Onondaga Community 
College on December 16, 1977. The last day for filing exceptions in person 
was January 10, 1978. Under Section 204.12 of our Rules, a request for an 
extension of time within which to file exceptions should have been in writing 
and filed in person on or before January 5, 1978. If sent by mail, the 
request should have been posted two days earlier. 
On January 9, 1978, the Onondaga Community College made a telephone 
request for an extension of time in which to file exceptions. That telephone 
request was already after the time when a request could have been made under 
Section 204.12(d) of our Rules. The Onondaga Community College Federation of 
Teachers, AFT, Local 1845, the successful party before the hearing officer, 
opposes the request for an extension. 
Board - U-2587 
-2 
This Board may extend the time during which a party may request an 
extension of time to file exceptions "because of extraordinary circumstances". 
The circumstances specified by the Onondaga Community College are that 
numerous court appearances prevented a timely request. That is not sufficient 
justification for the relief sought. We do not find that the opposition of 
-the- Onondaga Community - College- Federationof- Teacher sy'MT,~~:hocal~'±8^ 5, ~±s -
unreasonable. Under these circumstances,, the motion herein is denied. 
DATED: New York, New York 
January 26, 1978 
Ida Klaus 
xJXJ i t 


State of New York Public Employment Relations Board Decisions from January 26, 1978

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State of New York Public Employment Relations Board Decisions from January 26, 1978

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