Preview
FILED: NEW YORK COUNTY CLERK 11/17/2023 04:58 PM INDEX NO. 452305/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/17/2023
Board Dec~s~ons ¶18-3071
¶18-3071 teaching employees (petitioners) of the
District filed a petition to decertify the
In the Matter of Association as the agent for the negotiating
unit that it represented. The Association
QUEENSBURY UNION FREE SCHOOL
opposed the petition and argued that it must
DISTRICT,
be dismissed because it was not timely filed.
Employer, The Director of Public Employment Practices
and Representation (Director) rejected this
and argument and ordered an election in the
negotiating unit. The matter now comes to us
MILDRED E. CAMPP, et al.,
on the exceptions of the Association to the
Petitioners, decision of the Director.
and The authority, if any, for the filing of the
petition on May 30, 1985, is § 201 .3(e) of this
all QUEENSBURY SCHOOL NONTEACHING Board’s Rules of Procedure. When the
EMPLOYEES ASSOCIATION, NYSUT, petition was filed, it provided, in relevant part:
~int Intervenor. A petition for certification or
the decertification may be filed by an
nd employee organization other than the
ich recognized or certified employee
Case No. C-2947
ms organization, if no new agreement is
Before HAROLD A. NEWMAN, Chairman;
the negotiated, 120 days subsequentto the
DAVID C. RANDLES; WALTER L. expiration of a written agreement
nd EISENBERG: October 4, 1985
ich between the public employer and the
ion INDEX NO. 37.13 recognized or certified employee
ich orgonization....Thereafter, such a
Decertification petition under PERB Rules petition may be filed until a new
§ 201 .3(e), prior to recent amendment, could agreement is executed.
by filed only by employee organization 120
According to the Association, a petition for
days after expiration of collective bargaining
decertification may not be filed by individual
agreement: Under PERB Rules § 201.3(e), as
employees under this section of our Rules,
amended, decertification petition may be
but only under § 201.3(d), which permits the
tiled by individual employee as well. filing of a petition
Back reference: 18 PERB 4050 within thirtydays beforethe expiration,
under section 208.2 of the Act, of the
Caffry, Pontiff, Stewart, Rhodes and Judge, period of unchallenged representation
P.C. (J. Lawrence Paltrowitz, Esq., of status accorded a recognized or
Counsel), for Employer certified employee organization.
Mildred E. Campp, for Petitioners As a petition under~ 201.3(d) would not have
been timely on May 30, 1985, the Association
Leon Lieberman, Nysut, for lntervenor asserts that the petition herein should have
been dismissed.
Board Decision and Order
In rejecting this argument, the Director
The Queensbury Union Free School stated, “Although the Intervenor’s
District (District) and the Queensbury School interpretation is consistent with a literal
Non-Teaching Employees Association. reading of Rule 201.3(e), that was not, and
NYSUT (Association), were parties to a could not have been the Rule’s purpose.” In
collective bargaining agreement that expired support of its exceptions, the Association
on June 30, 1984. No successor agreement argues that the Director erred in his
had been reached as of May 30, 1985, at which interpretation of both the Rule and its
time Mildred E. Campp and other non- Purpose.
‘85 10/85 3155
FILED: NEW YORK COUNTY CLERK 11/17/2023 04:58 PM INDEX NO. 452305/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/17/2023
¶18-3071 Board Decisions
¶18-3072
Having considered the Association’s
arguments and both the language and the In the Matter of
purpose of the Rule, we find merit in the
Association’s contention that the Director did TOWN OF HEMPSTEAD,
not apply the Rule correctly. As we stated in for a determination pursuant to Section 212 of
Greece Central School District, 18 PERB § the Civil Service Law.
3033 (1985), a petition under~ 201.3(e) of our
Rules ‘may only be filed by an employee
organization other than the one that was
recognized or certified” (emphasis in Case No. 5-0003
original). Accordingly, we reverse the Before HAROLD R. NEWMAN, Chairman;
decision of the Director and determine that DAVID C. RANDLES; WALTER L.
the petition herein is not timely. EISENB ERG; October 4, 1985
NOW, THEREFORE, WE ORDER that the INDEX NO. 05.12
petition herein be, and it hereby IS, dismissed.
Application for reinstatement of approval
of local PERB was granted where town
demonstrated that local PERB now had full
complement of board members.
Board Decision and Order
In its Decision and Order dated Augustl3,
1985, this Board concluded in part:
NOW, THEREFORE, WE ORDER that
the determination of this Board dated
April 11, 1968,’ approving the
enactment establishing a local PERB
for the Town of Hempstead be, and the
same is hereby, suspended subject to
reinstatement upon application and
demonstration by the Hempstead local
PERB that the continuing implementa
tion of its local provisions and
procedures is substantially equivalent
to those governing this Board;
The order also indicated that unless the
application for reinstatement was filed by
September6,198S ourdeterminationof April
11, 1968 would be rescinded without further
notice.
The Town Attorney of the Town of
Hempstead, by letter dated September 3,
1985, requested reinstatement of our
determination dated April 11, 1968. The letter
Having made this determination, it is not was accompanied by our questionnaire
necessary to reach the question presented by the
Association’s exception directed to the purpose of
the Rule We do note, however, that we agree with
the Director that a petition fordecertificatbon filed by
unit employees and supported by a30°/o showing of
interest should be entertained under Rule 201.3(e).
Accordingly, at our meeting of 1~ 1985, ‘1 PERB ¶ 395
we so amended our Rules of Procedure.
10/85
3156
Preview
FILED: NEW YORK COUNTY CLERK 11/17/2023 04:58 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/17/2023 Board Dec~s~ons ¶18-3071 ¶18-3071 teaching employees (petitioners) of the District filed a petition to decertify the In the Matter of Association as the agent for the negotiating unit that it represented. The Association QUEENSBURY UNION FREE SCHOOL opposed the petition and argued that it must DISTRICT, be dismissed because it was not timely filed. Employer, The Director of Public Employment Practices and Representation (Director) rejected this and argument and ordered an election in the negotiating unit. The matter now comes to us MILDRED E. CAMPP, et al., on the exceptions of the Association to the Petitioners, decision of the Director. and The authority, if any, for the filing of the petition on May 30, 1985, is § 201 .3(e) of this all QUEENSBURY SCHOOL NONTEACHING Board’s Rules of Procedure. When the EMPLOYEES ASSOCIATION, NYSUT, petition was filed, it provided, in relevant part: ~int Intervenor. A petition for certification or the decertification may be filed by an nd employee organization other than the ich recognized or certified employee Case No. C-2947 ms organization, if no new agreement is Before HAROLD A. NEWMAN, Chairman; the negotiated, 120 days subsequentto the DAVID C. RANDLES; WALTER L. expiration of a written agreement nd EISENBERG: October 4, 1985 ich between the public employer and the ion INDEX NO. 37.13 recognized or certified employee ich orgonization....Thereafter, such a Decertification petition under PERB Rules petition may be filed until a new § 201 .3(e), prior to recent amendment, could agreement is executed. by filed only by employee organization 120 According to the Association, a petition for days after expiration of collective bargaining decertification may not be filed by individual agreement: Under PERB Rules § 201.3(e), as employees under this section of our Rules, amended, decertification petition may be but only under § 201.3(d), which permits the tiled by individual employee as well. filing of a petition Back reference: 18 PERB 4050 within thirtydays beforethe expiration, under section 208.2 of the Act, of the Caffry, Pontiff, Stewart, Rhodes and Judge, period of unchallenged representation P.C. (J. Lawrence Paltrowitz, Esq., of status accorded a recognized or Counsel), for Employer certified employee organization. Mildred E. Campp, for Petitioners As a petition under~ 201.3(d) would not have been timely on May 30, 1985, the Association Leon Lieberman, Nysut, for lntervenor asserts that the petition herein should have been dismissed. Board Decision and Order In rejecting this argument, the Director The Queensbury Union Free School stated, “Although the Intervenor’s District (District) and the Queensbury School interpretation is consistent with a literal Non-Teaching Employees Association. reading of Rule 201.3(e), that was not, and NYSUT (Association), were parties to a could not have been the Rule’s purpose.” In collective bargaining agreement that expired support of its exceptions, the Association on June 30, 1984. No successor agreement argues that the Director erred in his had been reached as of May 30, 1985, at which interpretation of both the Rule and its time Mildred E. Campp and other non- Purpose. ‘85 10/85 3155 FILED: NEW YORK COUNTY CLERK 11/17/2023 04:58 PM INDEX NO. 452305/2023 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/17/2023 ¶18-3071 Board Decisions ¶18-3072 Having considered the Association’s arguments and both the language and the In the Matter of purpose of the Rule, we find merit in the Association’s contention that the Director did TOWN OF HEMPSTEAD, not apply the Rule correctly. As we stated in for a determination pursuant to Section 212 of Greece Central School District, 18 PERB § the Civil Service Law. 3033 (1985), a petition under~ 201.3(e) of our Rules ‘may only be filed by an employee organization other than the one that was recognized or certified” (emphasis in Case No. 5-0003 original). Accordingly, we reverse the Before HAROLD R. NEWMAN, Chairman; decision of the Director and determine that DAVID C. RANDLES; WALTER L. the petition herein is not timely. EISENB ERG; October 4, 1985 NOW, THEREFORE, WE ORDER that the INDEX NO. 05.12 petition herein be, and it hereby IS, dismissed. Application for reinstatement of approval of local PERB was granted where town demonstrated that local PERB now had full complement of board members. Board Decision and Order In its Decision and Order dated Augustl3, 1985, this Board concluded in part: NOW, THEREFORE, WE ORDER that the determination of this Board dated April 11, 1968,’ approving the enactment establishing a local PERB for the Town of Hempstead be, and the same is hereby, suspended subject to reinstatement upon application and demonstration by the Hempstead local PERB that the continuing implementa tion of its local provisions and procedures is substantially equivalent to those governing this Board; The order also indicated that unless the application for reinstatement was filed by September6,198S ourdeterminationof April 11, 1968 would be rescinded without further notice. The Town Attorney of the Town of Hempstead, by letter dated September 3, 1985, requested reinstatement of our determination dated April 11, 1968. The letter Having made this determination, it is not was accompanied by our questionnaire necessary to reach the question presented by the Association’s exception directed to the purpose of the Rule We do note, however, that we agree with the Director that a petition fordecertificatbon filed by unit employees and supported by a30°/o showing of interest should be entertained under Rule 201.3(e). Accordingly, at our meeting of 1~ 1985, ‘1 PERB ¶ 395 we so amended our Rules of Procedure. 10/85 3156