Port Washington Union Free School District v. New York State Public Employment Relations Board

Appellate Division of the Supreme Court of New York

Port Washington Union Free School District v. New York State Public Employment Relations Board

52 A.D.2d 927, 384 N.Y.S.2d 989, 1976 N.Y. App. Div. LEXIS 12781

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

DecidedMay 17, 1976

StatusPublished

Cited by2 cases

This text of 52 A.D.2d 927 (Port Washington Union Free School District v. New York State 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.

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Port Washington Union Free School District v. New York State Public Employment Relations Board, 52 A.D.2d 927, 384 N.Y.S.2d 989, 1976 N.Y. App. Div. LEXIS 12781 (N.Y. Ct. App. 1976).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Public Employment Relations Board (PERB), dated August 1, 1975, which (1) found that petitioner had violated section 209-a (subd 1, par [d]) of the Civil Service Law, in that it had, in bad faith, refused to negotiate with the Port Washington Teachers Association concerning the impact of the abolition of certain teaching positions for the 1974-1975 school year and (2) ordered petitioner to negotiate with the respondent association regarding such impact. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. We do not find that the association’s charge was time-barred or waived. Nor do we find that PERB’s order should be set aside as arbitrary, capricious or illegal. Upon a review of the record, we conclude that PERB’s order is supported by substantial evidence. Hopkins, Acting P. J., Martuscello, Latham, Titone and Hawkins, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the New York State Public Employment Relations Board (PERB), dated August 1, 1975, which (1) found that petitioner had violated section 209-a (subd 1, par [d]) of the Civil Service Law, in that it had, in bad faith, refused to negotiate with the Port Washington Teachers Association concerning the impact of the abolition of certain teaching positions for the 1974-1975 school year and (2) ordered petitioner to negotiate with the respondent association regarding such impact. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. We do not find that the association’s charge was time-barred or waived. Nor do we find that PERB’s order should be set aside as arbitrary, capricious or illegal. Upon a review of the record, we conclude that PERB’s order is supported by substantial evidence. Hopkins, Acting P. J., Martuscello, Latham, Titone and Hawkins, JJ., concur.

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Bluebook (online)

52 A.D.2d 927, 384 N.Y.S.2d 989, 1976 N.Y. App. Div. LEXIS 12781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/port-washington-union-free-school-district-v-new-york-state-public-nyappdiv-1976.

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