Civil Service Employees Ass'n v. Nassau County Public Employment Relations Board

Appellate Division of the Supreme Court of New York

Civil Service Employees Ass'n v. Nassau County Public Employment Relations Board

280 A.D.2d 599, 721 N.Y.S.2d 239, 2001 N.Y. App. Div. LEXIS 1686

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

DecidedFebruary 20, 2001

StatusPublished

Cited by1 cases

This text of 280 A.D.2d 599 (Civil Service Employees Ass'n v. Nassau County Public Employment Relations Board) 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. Nassau County Public Employment Relations Board, 280 A.D.2d 599, 721 N.Y.S.2d 239, 2001 N.Y. App. Div. LEXIS 1686 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the Nassau County Public Employment Relations Board, dated January 4, 1999, which, inter alia, granted the petition of the intervenor Sheriffs’ Officers Association, Inc., to be certified as the negotiating representative of certain classes of correction officers employed by the County of Nassau.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

In reviewing a decision of a public employment relations board, it is well settled that “ ‘the function of [this] court is not to determine de novo the best or most likely or most advanta[600]*600geous bargaining unit, but is restricted to a finding of whether PERB’s decision is supported by substantial evidence * * * or is arbitrary and capricious’ ” (Matter of County of Erie v New York State Pub. Empl. Relations Bd., 247 AD2d 671, 672; Matter of Bivens v Helsby, 55 AD2d 230, 232). The decision of the Nassau County Public Employment Relations Board (hereinafter PERB) granting the petition for certification of the Sheriffs’ Officers Association (hereinafter SOA) to fragment and create a separate bargaining unit was neither arbitrary nor capricious (see, Civil Service Law § 207 [1]).

There is evidence in the record to support the PERB finding that the correction officers share a community of interest (see, Matter of Erie County Sheriffs Police Benevolent Assn. [County of Erie], 29 PERB fl 3031), that the department heads of the Sheriff’s Department have the power to make effective recommendations with respect to the terms and conditions of corrections officers’ employment, and that the fragmentation of the proposed unit will not cause administrative inconvenience (see, Bivens v Helsby, supra; Central School Dist. No. 1 [Local Union No. 687], 1 PERB H 399.89). Thus, substantial evidence supports the PERB finding that the SOA was the most appropriate unit (see, Malone Cent. School Dist. [Local 648], 1 PERB H 399.29).

The petitioner’s remaining arguments do not require a different result. Ritter, J. P., Altman, Friedmann and Smith, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Proceeding pursuant to CPLR article 78 to review a determination of the Nassau County Public Employment Relations Board, dated January 4, 1999, which, inter alia, granted the petition of the intervenor Sheriffs’ Officers Association, Inc., to be certified as the negotiating representative of certain classes of correction officers employed by the County of Nassau.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

In reviewing a decision of a public employment relations board, it is well settled that “ ‘the function of [this] court is not to determine de novo the best or most likely or most advanta[600]*600geous bargaining unit, but is restricted to a finding of whether PERB’s decision is supported by substantial evidence * * * or is arbitrary and capricious’ ” (Matter of County of Erie v New York State Pub. Empl. Relations Bd., 247 AD2d 671, 672; Matter of Bivens v Helsby, 55 AD2d 230, 232). The decision of the Nassau County Public Employment Relations Board (hereinafter PERB) granting the petition for certification of the Sheriffs’ Officers Association (hereinafter SOA) to fragment and create a separate bargaining unit was neither arbitrary nor capricious (see, Civil Service Law § 207 [1]).

There is evidence in the record to support the PERB finding that the correction officers share a community of interest (see, Matter of Erie County Sheriffs Police Benevolent Assn. [County of Erie], 29 PERB fl 3031), that the department heads of the Sheriff’s Department have the power to make effective recommendations with respect to the terms and conditions of corrections officers’ employment, and that the fragmentation of the proposed unit will not cause administrative inconvenience (see, Bivens v Helsby, supra; Central School Dist. No. 1 [Local Union No. 687], 1 PERB H 399.89). Thus, substantial evidence supports the PERB finding that the SOA was the most appropriate unit (see, Malone Cent. School Dist. [Local 648], 1 PERB H 399.29).

The petitioner’s remaining arguments do not require a different result. Ritter, J. P., Altman, Friedmann and Smith, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

280 A.D.2d 599, 721 N.Y.S.2d 239, 2001 N.Y. App. Div. LEXIS 1686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/civil-service-employees-assn-v-nassau-county-public-employment-relations-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack