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

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Board Decisions - NYS PERB New York State Public Employment Relations Board (PERB) 
8-1-1978 
State of New York Public Employment Relations Board Decisions 
from August 1, 1978 
New York State Public Employment Relations Board 
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State of New York Public Employment Relations Board Decisions from August 1, 
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/153 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
HOOSIC VALLEY CENTRAL SCHOOL DISTRICT, 
Respondent, 
-and-
HOOSIC VALLEY TEACHERS ASSOCIATION, LOCAL 2735, 
Charging Party. 
#2A-8/l/78 
BOARD DECISION AND ORDER 
CASE NO. U-2977 
For Respondent: 
Robert A. Smith, Esq. 
54 Second Street 
Troy, New York 12180 
For Charging Party; 
Martin W. Leukhardt, 
NYSUT Field Rep. 
80 Wolf Road 
Albany, New York 12205 
This matter comes to us on the exceptions of the Hoosic Valley Central 
School District (respondent) to a hearing officer's decision that it violated 
its duty to negoti-ate in good faith with the Hoosic Valley Teachers Association, 
Local 2735 (charging party), in that it unilaterally altered the grievance pro-
cedure contained in an expired agreement at a time when no genuine deadlock had 
been reached in negotiations for a successor agreement. The hearing officer 
relied on our decision in Port Chester-Rye Union Free School District, 10 PERB 
1(3079 (1977). He determined that, while respondent was not obligated to follow 
the (fourth)arbitration step of the preexisting contractual grievance procedure, 
it had refused to follow the three pre-arbitration agency-level steps of that 
Board - U-2977 -2 
1 
contractual grievance procedure in the processing of a grievance. It offered 
an alternative procedure, which charging party refused to accept. 
Other than the charge itself, the entire record by which we are governed 
consists of a stipulation between the parties, as follows: 
"On or about October 28, 1977, the Hoosic Valley Teachers Association, 
by its authorized representatives, submitted to the Hoosic Valley Central 
School District a certain grievance for processing in accordance with the 
grievance procedure set forth in the 1975-1977 agreement- between-the parties, 
The District, citing the expiration of the agreement on July 1, 1977, 
declined to process the submitted grievance under the procedure specified 
in the agreement. The District did, however, offer to process such 
grievance in accordance with the procedure set forth under Article 16 of 
the General Municipal Law. The Association declined to accept the alterna-
tive procedure suggested by the District and filed an improper practice 
charge with this Board, seeking as relief the following: 
1. that the District be directed to 'cease and desist from 
unilaterally acting on terms and conditions of employment'; 
2. that the District be directed to 'cease and desist from 
interfering with the rights of public employees and the 
recognized bargaining agent pursuant to the ACT'; 
3. that the District be directed to 'bargain in good faith 
with the duly recognized representative of said employees 
until a successor to the 1975-1977 collective bargaining 
agreement is reached'; and 
4. that the District 'return to the status quo with 
respect to the processing of grievances as provided for 
in the 1975-1977 agreement'. 
It is hereby stipulated and agreed by and between the parties hereto, 
by their duly authorized representatives, that the foregoing statement of 
facts shall constitute the facts for consideration in PERB Case No. U-2977. 
January 25, 1978 HOOSIC VALLEY TEACHERS ASSOCIATION 
BY: (signed) 
MARTIN W. LEUKHARDT 
Field Representative 
NYSUT 
HOOSIC VALLEY CENTRAL SCHOOL DISTRICT 
BY: (signed) 
ROBERT A, SMITH, ESQ. 
Attorney for the District" 
5301 
Board - U-2977 -3 
In its exceptions, respondent contends that it was under no obligation 
to follow the precise grievance procedures set forth in an agreement that had 
expired four months previously. It further contends that it satisfied its 
obligations to the charging party by offering to process grievances in accor-
2 
dance with the terms of Article 16 of the General Municipal Law because those 
terms are substantially similar to those of the grievance procedure in the 
3 
expired contract. 
We affirm the decision of the hearing officer. As we said in Enlarged 
City School District' of Troy, 11 PERB 1f3056: 
"Before an employer may make a unilateral change in terms and 
conditions of employment of its employees, it must exhaust all 
available opportunities and efforts to do so through nego-
tiations until a genuine deadlock occurs." 
Here, the record establishes that, during the course of negotiations for a succes-
sor agreement, respondent made a unilateral change in the preexisting grievance 
procedure, which is a term and condition of employment. The proposition that 
during a contract pre-deadlock hiatus an employer is not bound by the specified 
terms of the grievance procedure of the expired agreement is without merit. 
Similarly, the claim that the General Municipal Law grievance procedure did not 
constitute a change from the contractual procedure is not persuasive. The Law 
2 This statute, which antedated the Taylor Law, requires public employers to 
establish grievance procedures. It prescribes basic standards and prin-
ciples for such a grievance procedure and requires each government to file 
a copy of its grievance procedure with the State Civil Service Commission. 
It is still applicable where not superseded by grievance procedures 
established by collective negotiations. We do not interpret it to apply 
during the interim period of negotiations for a successor to an agreement 
which contained a prescribed grievance procedure. 
_3 An additional exception of respondent is that the hearing officer went 
beyond the stipulation of the parties to the files of this agency and 
consulted the report of the factfinder in the negotiations dispute between 
respondent and charging party. The hearing officer relied upon the fact-
finder's report for the conclusion that the parties had not negotiated over 
changes in the grievance procedure. Because of our decision on other 
aspects of this case, we do not find it necessary to consider whether the 
hearing officer was authorized to take notice of the factfinder's report. 
Board - U-2977 -4 
merely provides a framework for a grievance procedure and not the specifics of 
one. Nor is the statute available to an employer during the period of ongoing 
negotiations following the expiration of an agreement containing a prescribed 
_4 
grievance procedure. Even if respondent had intended the procedure that it 
instituted to be the same as that of the expired agreement, it could neverthe-
less not have made the substantive judgment on its own as to their identical 
nauire while negotiations were still pending and no genuine_deadlock had been 
reached. In any event, we must conclude that respondent contemplated that there 
would in fact be significant differences between the two procedures, for it 
would not have declined to process a grievance under the one while offering to 
do so only under the other. If those differences were significant to respon-
dent, they were also significant to the charging party. 
Where, as here, a charging party establishes that an employer has made 
unilateral changes in terms and conditions of employment, it is the responsi-
bility of respondent to establish that there was a genuine deadlock at the 
time and that it had exhausted all available opportunities and efforts to effect 
such changes through negotiations. The record here does not establish such a 
clear inability to reach agreement. 
NOW, THEREFORE, we determine that the Hoosic Valley Central School 
District violated its duty to negotiate in good 
faith with the Hoosic Valley Teachers Association, 
Local 2735, 
_4 Port Chester-Rye Union Free School District, 10 PERB 1(3079 (1977) 
5_ There is, in any event, serious doubt as to whether respondent did in fact 
intend to pursue the General Municipal Law in view of its failure to abide 
by the filing requirement of that Law. See fn. 2, supra. 
5303 
Board - U-2977 -5 
and 
WE ORDER it to cease arid desist from refusing to process grievances 
pursuant to the first three steps of the procedures contained 
in the 1975-1977 agreement. 
DATED: Albany, New York 
August 2, 1978 
JJtL~*>-£j7 £, • fbjJr*«Jksi^i 
Harold R. Newman, Chairman 
&U- ' J&u 
Ida Klaus, Member 
c^/^Q 
David C. Randies, Member 
• STATE OF N.EW YO.'-
PUBLIC EMPLOYMENT RELA'i N.S BOARD 
In the Matter of 
BOARD OF EDUCATION OF THE CITY SCHOOL 
DISTRICT OF THE CITY OF NEW YORK, 
Employer, 
-and-
UNITED FEDERATION OF TEACHERS, LOCAL 2, 
AFT, AFL-CIO, 
Petitioner, 
-and-
DISTRICT COUNCIL 37, AFSCME, AFL-CIO, . 
Intervenor. 
#2B-8/l/78 
CASE NO. C-1671 
CE RT TFTC AT TO IT OT"KET?'RE S EN T A'TTVE" AH D" 0 RD E R "T 0 ~ N EGO T TAT E j" 
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 Board, and it appearing that a negotiating repre-
sentative has been selected, • 
Pursuant to the authority vested in the Board by the ' I 
Public Employees' Fair Employment Act, 
IT IS HEREBY CERTIFIED that 
District Council 37,.AFSCME, AFL-CIO*. 
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 griev-
ances. 
Unit: Included: Members of the monitoring task force. 
Excluded: All other employees. 
• Further, IT IS ORDERED that the above-named public 
employer shall negotiate collectively with 
District Council 37, AFSCME,' AFL-CIO 
and enter into a written agreement with such employee organization j 
with regard to terms and conditions of employment, and shail nego- j 
tiate collectively with such employee organization in the determi- j. 
nation of, and administration of, grievances. 
Signed on the 1st. day of August » 1.9 7 
Albany, New York . 
m^ 
H a r o l d R. Newman, C h a i r m a n 
I d a K l a u s , Member 
D a v i d C. R n n d l . e s , Meuiber 
* THIS REPLACES THE CERTIFICATION ISSUED IN
 E : R R 0 R 0N JULY A , 1978. 
STATE OF NEW YORK . 
PUBLIC EMPLOYMENT RELA7. NS BOARD 
Iii the Matter of 
CITY OF ALBANY, 
-arid-
Employer, 
SECURITY AND LAW ENFORCEMENT EMPLOYEES, 
COUNCIL 82, AFSCME, AFL-CIO, 
Petitioner. 
#208/1/78 
CASE NO, C-1660 
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 Bo,.ard, and it appearing that a negotiating repre- . 
seritative has been selected, . • i 
• ' I 
Pursuant to the authority vested in the Board by the ; 
Public Employees' Fair Employment Act, i 
IT IS HEREBY.CERTIFIED that Security and Law 
Employees, Council 82, AFSCME, AFL-CIO 
Enforcement 
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 griev-
ances. 
Unit: Included: All sergeants and lieutenants of the 
employer's police department. 
Excluded: All other employees of the employer. 
Further, IT IS ORDERED that the above-named public 
employer shall negotiate collectively with Security and Law• 
Enforcement Employees, Council 82, AFSCME, AFL-CIO 
and enter into a written agreement with such employee organization 
.with regard to terms and conditions of employment, and shall nego-
tiate collectively with such employee organization in the determi-
-nationo-f, and administration of, grievances. 
Signed on the 1st day of. August , 1978 
Albany, New York 
mm 
Harold R. Newman, Chairman 
Ida Klaus, Member 
STATE OF NEW YOH-K 
PUBLIC EMPLOYMENT RELAT NS BOARD 
In the Matter of 
PLAINVIEW WATER DISTRICT, 
-and-
Employer, 
#2D-8/l/78 
CASE NO. C-1681 
LOCAL 237, INTERNATIONAL BROTHERHOOD 
OF TEAMSTERS, 
Petitioner. 
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 Board, and it appearing that a negotiating repre-
sentative has been selected, 
Pursuant to. the authority vested in the Board by the 
Public Employees'.Fair Employment Act, 
IT IS HEREBY CERTIFIED that 
Local 237, 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 griev-
ances. 
Unit: Included: All current employees of the employer. 
Excluded: Three commissioners, superintendent, 
one water service supervisor, one 
•stenographer,, and one business machine 
operator. 
Further, IT IS ORDERED that the above-named public 
employer shall negotiate collectively with 
Local 237, International Brotherhood of Teamsters 
and enter into a written agreement with such employee organization 
with regard to terms and conditions of employment, and shall nego-
tiate collectively with such employee organization in the determi-' 
nation of, and administration of, grievances. 
Signed on the 1st day of August , 197 
Albany, New York 
L W V - ^ -
Harold R. Newman, Chairman 
Ida /Klaus , . Member 
David C. Randies 
STATE OF NEW YORI' 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
WEST GENESEE CENTRAL SCHOOL DISTRICT, 
Employer, 
-and-
WEST,GENESEE UNITED TEACHER AIDES 
AND ASSISTANTS ASSOCIATION, 
#2E-8/l/78 
Case No. c ~ 1 6 3 5 
Petitioner. 
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 negotia-
ting representative has been selected, 
Pursuant to the authority vested in the Board by the 
Public Employees' Fair Employment Act, 
IT IS HEREBY CERTIFIED that 
West Genesee United Teacher Aides and Assistants 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 representative for the purpose of collective negotia-
tions and the settlement of grievances. 
Unit: Included: Teacher Aides and Teaching Assistants. 
Excluded: All other employees. 
Further, IT IS ORDERED that the above named public employer, 
shall negotiate collectively with 
West Genesee United Teacher Aides arid Assistants Association 
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 1st day of 
Albany, New York 
uSi>8 
PERB 58.1 (2-68) 
August 19 78 
yfr^e*?/^./^ 
Harold R. Newman, Chairman 
ss^ c- MA& 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELA*'-'ONS BOARD 
In the Matter of 
BOARD OF EDUCATION OF THE CITY SCHOOL 
DISTRICT OF THE CITY' OF NEW YORK, 
Employer, 
#2F-8/l/78 
CASE NO. C-1670 
-and-
UNITED FEDERATION OF TEACHERS, 
LOCAL 2, AFT, AFL-CIO, 
Petitioner. 
CERTIFICATION OF REPRESENTATIVE AND ORDER TO NEGOTIATE 
A representation proceeding having been conducted in the 
above matter by the Public Employment Re-lation.s Board in accordance 
with the Public Employees' Fair Employment Act and the Rules of ' | 
Procedure of, the Board, and it appearing that a negotiating repre- : 
sentative has been selected, ' , i 
• ' i | 
x Pursuant to the authority vested in the Board by the j 
Public Employees' Fair Employment Act, ! 
IT IS HEREBY CERTIFIED that 
UNITED FEDERATION OF TEACHERS, LOCAL 2/ AFT, AFL-CIO 
has been designated and selected by a majority.of the employees of 
the above-named public employer, in the unit agreed upon by the j 
parties and described below, as their exclusive representative for ] 
the purpose of collective negotiations and the settlement of griev-
ances.
 v 
Unit: Included: Directors and assistant directors of 
drug abuse programs. 
Excluded: All other employees. 
Further, IT IS ORDERED that the above-named public 
employer shall negotiate collectively with . 
UNITED FEDERATION OF TEACHERS, LOCAL 2, AFT, AFL-CIO 
and enter into a written agreement with such employee organization 
with regard to terms and conditions of employment, and shall nego-
tiate collectively with such employee organization in the determi-
nation of, and administration of., grievances. 
Signed on the 1st. day of August , 1978 
Albany, New York 
Harold R. Newman, Chairman 
Sg09 cztit. IOJL. Ida K l a u s , Member 
