10_9_1986_PERB_BD_DecisionsOCR.pdf: 67 downloads, before Oct. 1, 2020

New York State Public Employment Relations Board

English

eCommons (Cornell Univ.)

State of New York Public Employment Relations Board Decisions from October 9, 1986

8_21_1986_PERB_BD_DecisionsOCR.pdf: 126 downloads, before Oct. 1, 2020

State of New York Public Employment Relations Board Decisions from August 21, 1986

DigitalCommons@ILR

State of New York Public Employment Relations Board Decisions from May 6, 1986

1_2_1985__PERB_BD_DecisionsOCR.pdf: 99 downloads, before Oct. 1, 2020

State of New York Public Employment Relations Board Decisions from January 2, 1985

State of New York Public Employment Relations Board Decisions from March 11, 1985

Cornell University ILR School 
DigitalCommons@ILR 
Board Decisions - NYS PERB New York State Public Employment Relations Board (PERB) 
8-29-1985 
State of New York Public Employment Relations Board Decisions 
from August 29, 1985 
New York State Public Employment Relations Board 
Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/perbdecisions 
Thank you for downloading an article from DigitalCommons@ILR. 
Support this valuable resource today! 
This Article is brought to you for free and open access by the New York State Public Employment Relations Board 
(PERB) at DigitalCommons@ILR. It has been accepted for inclusion in Board Decisions - NYS PERB by an 
authorized administrator of DigitalCommons@ILR. For more information, please contact catherwood-
dig@cornell.edu. 
If you have a disability and are having trouble accessing information on this website or need materials in an 
alternate format, contact web-accessibility@cornell.edu for assistance. 
State of New York Public Employment Relations Board Decisions from August 29, 
1985 
Keywords 
NY, NYS, New York State, PERB, Public Employment 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/278 















State of New York Public Employment Relations Board Decisions from August 29, 1985

3_11_1985_PERB_BD_DecisionsOCR.pdf: 119 downloads, before Oct. 1, 2020

Cornell University ILR School 
DigitalCommons@ILR 
Board Decisions - NYS PERB New York State Public Employment Relations Board (PERB) 
9-26-1986 
State of New York Public Employment Relations Board Decisions 
from September 26, 1986 
New York State Public Employment Relations Board 
Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/perbdecisions 
Thank you for downloading an article from DigitalCommons@ILR. 
Support this valuable resource today! 
This Article is brought to you for free and open access by the New York State Public Employment Relations Board 
(PERB) at DigitalCommons@ILR. It has been accepted for inclusion in Board Decisions - NYS PERB by an 
authorized administrator of DigitalCommons@ILR. For more information, please contact catherwood-
dig@cornell.edu. 
If you have a disability and are having trouble accessing information on this website or need materials in an 
alternate format, contact web-accessibility@cornell.edu for assistance. 
State of New York Public Employment Relations Board Decisions from 
September 26, 1986 
Keywords 
NY, NYS, New York State, PERB, Public Employment 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/256 
#2A-9/26/86 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
UNITED FEDERATION OF TEACHERS. 
Respondent, 
-and- CASE NO. U-8320 
MARVIN NORMAN CASID, 
Charging Party. 
JAMES R. SANDNER, ESQ. (JOHN H. JURGENS, ESQ., 
of Counsel), for Respondent 
MARVIN NORMAN CASID. pro se 
BOARD DECISION AND ORDER 
/ 
This matter comes to us on the exceptions of Marvin 
Norman Casid to the decision of an Administrative Law Judge 
(ALJ) dismissing his charge against the United Federation of 
Teachers (UFT), which alleged that the UFT had violated 
§209-a.2(a) and (b) of the Act by refusing to provide him 
with representation. 
The charge relates to incidents which occurred between 
Casid and Kaplan, the chapter chairperson of the UFT at the 
school where Casid was briefly employed. The transcript 
reveals considerable conflict between Casid's version of 
those incidents and that of Kaplan. Based on the nature of 
their testimony and their demeanor on the witness stand, the 
J 
10567 
Board - U-8320 -2 
ALJ fully credited the testimony of Kaplan where they 
differed. The following facts, therefore, are primarily the 
version of events testified to by Kaplan. 
In August 1985, Casid was appointed as a regular 
substitute at the Evander Childs High School located in the 
Bronx. On September 11, he was observed by the chairman of 
his department and was told he would be discharged. On that 
day he saw Kaplan and complained about the observation and 
what he believed to be an immediate discharge. He told 
Kaplan that he had been regularly appointed, from which she 
got the impression he was a regular teacher, rather than a 
regular substitute. Accordingly, she advised him to seek a 
transfer to another school. She took him to the principal's 
office, spoke to the principal about the matter and left 
Casid with the principal. She assumed the matter would be 
taken care of.— 
The next day, Casid sought out Kaplan, who agreed to 
meet him at the end of the eighth period that day. During 
the eighth period, Casid came into her office and shouted 
that she had kept him waiting. He accused her of being a 
1/Casid claims that he tried to meet with Kaplan on 
September 10 but was advised that she was unable to meet 
with him because she was in a car pool. Kaplan denies 
speaking with Casid on that date, that she belongs to a car 
pool, or that she ever said anything of the sort. There is 
no explanation why Casid would be seeking union represen-
tation prior to the events of September 11. 
1C568 
Board - U-8320 -3 
"pawn of the administration" and that "it is people like you 
who are responsible for the Jews going into the ovens." 
Kaplan testified that she demanded an apology, got nervous as 
a result of Casid's behavior and left her office. Casid 
followed her into the hallway and she went into the ladies 
room to avoid him. 
The record indicates that Casid also called Thomas 
Papas, assistant to the UFT president, on September 16, but 
Papas was unable to speak with him and did not return the 
call. 
Casid never filed a grievance and never actually 
requested the UFT to file a grievance on his behalf. Indeed, 
it appears that he never explained the nature of his 
complaint to any UFT representative. 
The ALJ concluded that the evidence could not support a 
finding that the UFT failed to consider or evaluate a 
grievance complaint by reason of improper motivation, gross 
negligence or irresponsible conduct. She found that the UFT 
did not refuse to represent Casid; rather, that Kaplan made a 
good faith effort to resolve the problem as she understood 
it. In the ALJ's opinion, the duty of fair representation 
did not require Kaplan to subject herself to Casid's 
intimidating behavior. She also concluded that, under the 
circumstances, the failure of Papas to return Casid's 
telephone call did not constitute a violation of the Act. 
10569 
Board - U-8320 -4 
DISCUSSION 
Casid's exceptions relate entirely to the ALJ ' s 
findings of fact. Having reviewed the record, we affirm 
those findings. The ALJ relied upon Kaplan's testimony 
which contradicts that of Casid. Based in part upon the 
demeanor of the witnesses on the stand, she found Kaplan's 
testimony more credible. 
An ALJ's resolution of credibility issues, especially 
when based upon the demeanor of the witnesses, is entitled 
to great weight. (See Fashion Institute of Technology v. 
Helsby. 44 A.D.2d 550, 7 PERB ir7005 [1st Dep't. 1974].) 
Furthermore, the record supports the determination as it 
shows Casid's testimony to be argumentative and lacking in 
specificity. 
NOW. THEREFORE, WE ORDER that the charge herein be, 
and it hereby is, dismissed. 
DATED: September 26, 1986 
Albany, New York 
^ fZ^yT^^yui^^ 
Harold R. Newman, Chairman 
Walter L. Eisenberg, Memb 
#2B-9/26/86 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
MOHAWK VALLEY COMMUNITY COLLEGE, 
Employer/Petitioner, 
-and-
MOHAWK VALLEY COMMUNITY COLLEGE 
PROFESSIONAL ASSOCIATION. 
Intervenor. 
BOARD DECISION AND ORDER 
The Mohawk Valley Community College Professional Association 
(Association) requests permission to appeal the Director's action 
in processing the petition of the Mohawk Valley Community 
College, which petition requests the Board to clarify whether 
four new titles properly belong in the unit represented by the 
Assocation. No hearing has been held. 
We have determined that an appeal at this time is not 
warranted under the circumstances. 
ACCORDINGLY, WE ORDER that the request of the Association 
be, and it hereby is, denied. 
DATED: September 26, 1986 
Albany, New York 
H4rold R. Newman, Chairman 
Walter L. Eisenberg, Member/ 
CASE NO. CP-094 
UfiJUfT^ 
#3A-9/26/86 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
TOWN OF AMHERST. 
Employer. 
and- CASS NO. C-3 0 6 9 
LOCAL 264. INTERNATIONAL BROTHERHOOD 
OF TEAMSTERS. 
Petitioner, 
-and-
AMHERST HIGHWAY EMPLOYEES ASSOCIATION. 
INC. , 
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 
accordance 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 Amherst Highway Employees 
Association, Inc. 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 grievances. 
10572 
Certification - C-3069 page 2 
Unit: Included: All full-time employees in the 
following titles: Senior Maintenance 
Worker. Motor Equipment Operator A and 
B. Working Crew Chief, Working Crew 
Chief A, Laborer, Auto Mechanic. 
Maintenance Worker, Sign Painter, 
Mason. Tree Trimmer. Electrician, 
WorkingAutomotive Grew^ Chiefs Laborer 
Crew Chief, Cleaner, Watch Attendant. 
Excluded: All other employees. 
Further. IT IS ORDERED that the above named public employer 
shall negotiate collectively with the Amherst Highway Employees 
Association, Inc. and enter into a written agreement with such 
employee organization with regard to terms and conditions of 
employment of the employees in the above unit, and shall 
negotiate collectively with such employee organization in the 
determination of, and administration of, grievances of such 
employees. 
DATED: September 26. 198 6 
Albany, New York 
Harold R. Newman.Chairman 
Walter L. Eisenberg. Wfember 
#3B-9/26/86 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
BUFFALO CITY SCHOOL DISTRICT. 
Employer, 
-and- -CASE-NO, C-3099 
SUBSTITUTES UNITED BUFFALO/NEA/NY, 
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 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 Substitutes United Buffalo/ 
NEA/NY 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 grievances. 
Unit: Included: All persons issued a notice of 
reasonable assurance of continuing 
employment by the Buffalo City School 
District, as defined in §201.7(d) of 
the Public Employees' Fair Employment 
Act. 
10574 
Certification - C-3099 page 2 
Excluded: All persons employed by the District in 
a capacity other than per diem 
substiute teacher. 
Further, IT IS ORDERED that the above named public employer 
shall negotiate eolleetively withthe Substitutes -United Buffalo)/ 
NEA/NY and enter into a written agreement with such employee 
organization with regard to terms and conditions of employment of 
the employees in the above unit, and shall negotiate collectively 
with such employee organization in the determination of, and 
administration of, grievances of such employees. 
DATED: September 26, 1986 
Albany, New York 
Harold R. Newman, Chairman 
'IX-?-
Walter L. E i s enbe rg , Memfcer 
1* 
#3C-9/26/86 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
TOWN OF THROOP. 
Employer, 
-and. CASE NO. C-3050 
TEAMSTERS UNION LOCAL 506, 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 representative has been selected. 
Pursuant to the authority vested in the Board by the Public 
Employees' Fair Employment Act, 
IT IS HEREBY CERTIFIED that Teamsters Union Local 506, 
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 grievances. 
Unit: Included: All motor equipment operators. 
Excluded: All other employees of the employer. 
10576 
Certification - C-3050 page 2 
Further, IT IS ORDERED that the above named public employer 
shall negotiate collectively with Teamsters Union Local 506, 
International Brotherhood of Teamsters and enter into a written 
agreement with such employee organization with regard to terms 
and conditions of employment of the employees in the above unit, 
and shall negotiate collectively with such employee organization 
in the determination of, and administration of, grievances of 
such employees. 
DATED: September 26. 1986 
Albany. New York 
Harold R. Newman, Chairman 
10577 
#3D-9/26/86 
STATE OF NEW YORK 
.,-
 N PUBLIC EMPLOYMENT RELATIONS BOARD 
i ; 
In the Matter of 
TOWN OF SHELTER ISLAND. 
Employer, 
-and- CASE NO. C-3079 
SHELTER ISLAND HIGHWAY BENEVOLENT 
ASSOCIATION. INC.. 
Petitioner. 
-and-
TOWN OF SHELTER ISLAND HIGHWAY UNIT. 
LOCAL 852. CSEA. 
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 
accordance 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 Shelter Island Highway 
Benevolent Association. Inc. 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 grievances. 
1C578 
Certification - C-3079 page 2 
Unit: Included: 
Excluded: 
All full-time employees in the 
following titles: mechanic, 
construction equipment operator, HEO, 
AEO, laborer, maintenance person, 
foreman. 
Part-time employees, seasonal employees 
and all other employees. 
Further. IT IS ORDERED that the above named public employer 
shall negotiate collectively with the Shelter Island Highway 
Benevolent Association, Inc. and enter into a written agreement 
with such employee organization with regard to terms and 
conditions of employment of the employees in the above unit, and 
shall negotiate collectively with such employee organization in 
the determination of, and administration of, grievances of such 
employees. 
DATED: September 26, 1986 
Albany. New York 
4u+4£ <?. 
Harold R. Newman, Chairman 
Walter L. Eisenberg, Member 
J 
-/^>»*^-
Jerome Le£*owi witz, Me)n ber 
579 
#3E-9/26/86 
STATE OF NEW YORK 
PUBLIC EMPLOYMENT RELATIONS BOARD 
In the Matter of 
COUNTY OF ERIE. 
Employer, 
-and-
UNITED PROFESSIONAL NURSES ASSOCIATION. 
Petitioner-Intervenor, 
-and-
NEW YORK STATE NURSES ASSOCIATION, 
Intervenor, 
-and-
CIVIL SERVICE EMPLOYEES ASSOCIATION. 
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 
accordance 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 New York State Nurses 
Association has been designated and selected by a majority of the 
employees of the above-named employer, in the unit described 
below, as their exclusive representative for the purpose of 
collective negotiations and the settlement of grievances. 
1G580 
CASE NO. C-2830 
Certification - C-2830 page 2 
Unit: Included: Full-time, regular part-time and part-
time employees licensed or otherwise 
lawfully authorized to practice as 
registered nurses in the positions 
specified in Appendix A. 
Excluded: All other employees. 
Further, IT IS ORDERED that the above named public employer 
shall negotiate collectively with the New York State Nurses 
Association and enter into a written agreement with such employee 
organization with regard to terms and conditions of employment of 
the employees in the unit found appropriate, and shall negotiate 
collectively with such employee organization in the determination 
of, and administration of. grievances of such employees. 
DATED: September 26, 1986 
Albany, New York 
# % • 
™h&e4?£. fa++* 
H a r o l d R. Newman, Chairman 
LMMAZ^. ^ 
W a l t e r L. E i s e n b e r g , Memwer 
581 
APPENDIX A 
Anesthetist 
Anesthetist (RPT) 
Assistant Head Nurse 
Assistant Supervising Public Health Nurse 
Charge Nurse 
Clinical Teacher 
Coordinating Maternity Nurse 
Discharge Assessment Nurse 
General Duty- Nurse 
General Duty Nurse (RPT) 
Head Nurse 
Inservice Education Coordinator 
Nurse Coordinator - Lead Poisoning Prevention Program 
Nurse Diabetes Teaching Service 
Nurse - Renal Teaching Service 
Nurse Clinician - Alcoholism 
Nurse Clinician (ENT) 
Nurse Clinician - Cardiovascular 
Nurse Clinician - Critical Care 
Nurse Clinician - Neurology 
Nurse Clinician - Psychiatry 
Nurse Clinician - Psychiatry (RPT) 
Nurse Clinician - Renal 
Nurse Clinician - Neurosurgery 
Nurse Clinician - Orthopedics 
Nurse Epidemiologist 
Nurse Practitioner 
Nursing Care Coordinator 
Nursing Care Coordinator (RPT) 
Nursing Inservice Coordinator 
Nursing Supervisor (Home & Infirmary) 
Nursing Team Leader 
Public Health Nurse 
Public Health Nurse Coordinator 
Psychiatric Clinical Nurse Administrator 
Registered Nurse 
Supervising Public Health Nurse 
Utilization Review Nurse 
, u 582 


State of New York Public Employment Relations Board Decisions from September 26, 1986

5_8_1985_PERB_BD_DecisionsOCR.pdf: 253 downloads, before Oct. 1, 2020

State of New York Public Employment Relations Board Decisions from May 8, 1985

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1303&amp;context=perbdecisions

State of New York Public Employment Relations Board Decisions from October 9, 1986

Abstract

Similar works

Full text

Available Versions

eCommons (Cornell Univ.)

eCommons (Cornell Univ.)

DigitalCommons@ILR

eCommons (Cornell Univ.)

DigitalCommons@ILR

DigitalCommons@ILR

DigitalCommons@ILR

eCommons (Cornell Univ.)

DigitalCommons@ILR

eCommons (Cornell Univ.)