Webster Central School District v. Public Employment Relations Board

554 N.E.2d 886, 75 N.Y.2d 619, 555 N.Y.S.2d 245, 1990 N.Y. LEXIS 968
CourtNew York Court of Appeals
DecidedMay 1, 1990
StatusPublished
Cited by24 cases

This text of 554 N.E.2d 886 (Webster Central School District v. Public Employment Relations Board) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Webster Central School District v. Public Employment Relations Board, 554 N.E.2d 886, 75 N.Y.2d 619, 555 N.Y.S.2d 245, 1990 N.Y. LEXIS 968 (N.Y. 1990).

Opinion

OPINION OF THE COURT

Kaye, J.

In the statute permitting a Board of Cooperative Educational Services (BOCES) to offer academic summer school programs (Education Law § 1950 [4] [bb]), the Legislature clearly manifested its intention that school districts’ decisions to participate in such cooperative educational programs not be subject to mandatory collective bargaining with teachers’ unions. We therefore grant the school districts’ petition to nullify PERB’s determination requiring that the decisions be bargained.

BOCES was established some 40 years ago to provide added services, on a cooperative basis, for combined school districts (see, L 1948, ch 861, § 1). Today, several BOCES exist throughout the State, each made up of varying numbers of school districts, with their own governing boards (drawn from the [625]*625component school districts), revenues (principally derived from participating districts), and teaching staff (see generally, Education Law § 1950). While the Monroe BOCES, for example, had over the years furnished many services for appellant school districts — particularly services that were not part of their traditional school curriculum — before 1984 it had no statutory authority to offer them academic programs.

In 1984, as part of a major reform intended to upgrade the quality of education in this State, the Legislature amended the Education Law to permit BOCES to "provide academic and other programs and services in the school year on a cooperative basis, including summer programs and services.” (Education Law § 1950 [4] [bb].) Along with increased requirements for high school graduation, the reform envisioned expanded cooperative use of school resources, including BOCES, both by allowing BOCES to offer credit-bearing academic courses and by providing State reimbursements to school districts for participation in BOCES programs (see, New York State Board of Regents, Action Plan to Improve Elementary and Secondary Education Results in New York, at 47-48 [1984]).

Prior to the 1984 amendment, the three appellant school districts had each year conducted separate summer school programs, employing teachers who were (or became) members of the bargaining units represented by respondent teachers unions. The collective bargaining agreements between the school districts and the unions in fact covered summer teaching, and provided for summer school workday, salary, sick leave, pay dates and hiring preferences.

Early in 1985, however, spurred by the new legislation, appellants outlined their summer school curriculum requirements to the Monroe BOCES, and it undertook to satisfy them, offering a combined program for students of the three districts. Each district, with the approval of the Commissioner of Education, then elected to accept the BOCES program in place of its own, and entered into a written agreement which provided for the payment of fees for each enrollee; unlike the district’s own summer programs, partial State reimbursement was available for fees paid to BOCES. The BOCES courses were all part of the standard secondary school curriculum, but the cooperative program offered a far wider selection than any of the districts had offered in previous years, to a greatly increased number of students. (The districts individually had chosen not to offer courses with fewer than 12 students.)

[626]*626While refusing to negotiate their decision with respondent unions, appellants offered to bargain the impact of the decision, but the unions refused and filed improper practice charges with PERB. Following several days of testimony, the PERB Administrative Law Judge held that each of the districts had violated Civil Service Law § 209-a (1) (d) by unilaterally contracting-out the work exclusively performed by bargaining unit teachers and refusing to negotiate that decision. PERB consolidated the three cases and, on review, agreed with the Administrative Law Judge that the districts were subcontracting work they otherwise would have performed themselves, which was a mandatory subject of negotiation where the decision turned on a reduction of labor costs rather than a change in level of service; PERB therefore ordered the districts to cease and desist from such practices, together with other relief. The present article 78 proceeding ensued, culminating in the Appellate Division’s confirmation of PERB’s determination and dismissal of the petition, without opinion. We now reverse and grant the school districts’ petition.

The underlying legal issue before us is whether the employers’ decision to contract with BOCES for an academic summer school program in place of their own was a mandatory subject of negotiation (as the unions urge), or a prohibited or permissive bargaining subject (as the school districts contend) (see, Matter of Board of Educ. v New York State Pub. Employment Relations Bd., 75 NY2d 660 [decided today]).

In approaching this issue, we are mindful of the limited scope of our review as to matters within PERB’s expertise under the Civil Service Law (see, Civil Service Law § 209). However, statutory construction is a function for the courts; PERB is accorded no special deference in the interpretation of statutes (see, Matter of Rosen v Public Employment Relations Bd., 72 NY2d 42, 47-48). Indeed, in its decision PERB itself made only scant reference to the Education Law policy arguments that are at the heart of this appeal.

We conclude that the central legal question is answered as a matter of statutory construction, without reaching the soundness or reasonableness of PERB’s determination under the Civil Service Law: Education Law § 1950 (4) (bb) — the 1984 amendment — clearly manifests a legislative intention that a school district’s decision to contract with BOCES for an academic summer school program not be subject to mandatory collective bargaining.

[627]*627The BOCES statute neither explicitly mandates nor explicitly prohibits collective bargaining (see, by contrast, Retirement and Social Security Law § 470). While legislative expression is the best evidence of legislative intent, it is not the only evidence; legislative intent may also be implied from the words of an enactment. It should be apparent, however, that in order to overcome the strong State policy favoring the bargaining of terms and conditions of employment, any implied intention that there not be mandatory negotiation must be "plain and clear” (Syracuse Teachers Assn. v Board of Educ., 35 NY2d 743, 744), or "inescapably implicit” in the statute (Matter of Cohoes City School Dist. v Cohoes Teachers Assn., 40 NY2d 774, 778; see also, Matter of City School Dist. v New York State Pub. Employment Relations Bd., 74 NY2d 395). Anything less threatens to erode and eviscerate the mandate for collective bargaining.

We conclude that the 1984 amendment to the BOCES statute clearly evidences the Legislature’s intent that bargaining not be mandatory. In that the unions had not, in the several decades of BOCES’ operation, previously demanded bargaining of requests for shared services (albeit the scope of services was much more limited), it is hardly surprising that the 1984 amendment was not even more specific in reflecting this intention.

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Bluebook (online)
554 N.E.2d 886, 75 N.Y.2d 619, 555 N.Y.S.2d 245, 1990 N.Y. LEXIS 968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webster-central-school-district-v-public-employment-relations-board-ny-1990.