Civil Service Employees Ass'n v. County of Westchester

Appellate Division of the Supreme Court of New York

Civil Service Employees Ass'n v. County of Westchester

219 A.D.2d 651, 631 N.Y.S.2d 385, 1995 N.Y. App. Div. LEXIS 9288

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 18, 1995

StatusPublished

This text of 219 A.D.2d 651 (Civil Service Employees Ass'n v. County of Westchester) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Civil Service Employees Ass'n v. County of Westchester, 219 A.D.2d 651, 631 N.Y.S.2d 385, 1995 N.Y. App. Div. LEXIS 9288 (N.Y. Ct. App. 1995).

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Opinion

In a purported proceeding pursuant to CPLR article 78 for a judgment declaring, inter alia, that the positions of six laborers at the Westchester County Center and certain computer specialists "exist in the employ of and the civil service of’ the County of Westchester and that the persons holding these positions are included in the petitioner’s collective bargaining unit, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Nastasi, J.), entered June 20, 1994, which dismissed the proceeding.

Ordered that the judgment is modified, on the law, by adding thereto a provision converting the proceeding into an action for a declaratory judgment (see, CPLR 103 [c]), with the notice of petition deemed a summons and the petition deemed a complaint, and declaring that the subject employees did not occupy civil service positions; as so modified, the judgment is affirmed, with costs (see, Lanza v Wagner, 11 NY2d 317, 334, appeal dismissed 371 US 74, cert denied 371 US 901).

For the purpose of defining the petitioner’s bargaining unit, hourly employees such as the laborers at the Westchester County Center are treated as temporary employees and are therefore excluded from the bargaining unit (Matter of Westchester County Empls. Union/ Assn. of Mun. Empls. & Civ. Serv. Empls. Assn., 22 PERB ¶ 8002 [1989]).

Furthermore, the contract which was entered into by the County and EDP Temps, pursuant to which the County was furnished with "the computer specialists”, is a normal contract [652]*652entered into by the government with an independent contractor and not a subterfuge to conceal an employer-employee relationship between the government and the contractor’s employees (see, Matter of Westchester County Civ. Serv. Empls. Assn. v Cimino, 58 AD2d 869, affd 44 NY2d 985). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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In a purported proceeding pursuant to CPLR article 78 for a judgment declaring, inter alia, that the positions of six laborers at the Westchester County Center and certain computer specialists "exist in the employ of and the civil service of’ the County of Westchester and that the persons holding these positions are included in the petitioner’s collective bargaining unit, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Nastasi, J.), entered June 20, 1994, which dismissed the proceeding.

Ordered that the judgment is modified, on the law, by adding thereto a provision converting the proceeding into an action for a declaratory judgment (see, CPLR 103 [c]), with the notice of petition deemed a summons and the petition deemed a complaint, and declaring that the subject employees did not occupy civil service positions; as so modified, the judgment is affirmed, with costs (see, Lanza v Wagner, 11 NY2d 317, 334, appeal dismissed 371 US 74, cert denied 371 US 901).

For the purpose of defining the petitioner’s bargaining unit, hourly employees such as the laborers at the Westchester County Center are treated as temporary employees and are therefore excluded from the bargaining unit (Matter of Westchester County Empls. Union/ Assn. of Mun. Empls. & Civ. Serv. Empls. Assn., 22 PERB ¶ 8002 [1989]).

Furthermore, the contract which was entered into by the County and EDP Temps, pursuant to which the County was furnished with "the computer specialists”, is a normal contract [652]*652entered into by the government with an independent contractor and not a subterfuge to conceal an employer-employee relationship between the government and the contractor’s employees (see, Matter of Westchester County Civ. Serv. Empls. Assn. v Cimino, 58 AD2d 869, affd 44 NY2d 985). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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Bluebook (online)

219 A.D.2d 651, 631 N.Y.S.2d 385, 1995 N.Y. App. Div. LEXIS 9288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/civil-service-employees-assn-v-county-of-westchester-nyappdiv-1995.

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