24 Cited authorities

Steelworkers v. Enterprise Corp.
363 U.S. 593 (1960) Cited 3,856 times 2 Legal Analyses
Holding that a reviewing court should not refuse to enforce an arbitral award merely because it would read the collective bargaining agreement differently than the arbitrator
N.Y. State Corr. Officers & Police Benevolent Ass'n v. New York
94 N.Y.2d 321 (N.Y. 1999) Cited 327 times
Affirming arbitration award reinstating employee to his position as correctional officer, with full pay, notwithstanding the employee's having flown a Nazi flag on the porch of his home
Matter of McDonald Police Benevolent Assn. v. City
92 N.Y.2d 326 (N.Y. 1998) Cited 118 times
Holding that retiree health benefits are not "terms and conditions of employment," finding that while "[h]ealth benefits for current employees can be a form of compensation, and thus a term of employment that is a mandatory subject of negotiation," "a public employer's statutory duty to bargain does not extend to retirees"
Matter of Gray v. Adduci
73 N.Y.2d 741 (N.Y. 1988) Cited 125 times
Stating that "[h]earsay evidence can be the basis of an administrative determination"
Collins v. Codd
38 N.Y.2d 269 (N.Y. 1976) Cited 157 times
In Collins v. Codd, 342 N.E.2d 524 (N.Y. 1976), the Court of Appeals of New York reversed an Appellate Division order which had annulled a determination of the Police Commissioner of the City of New York which disciplined a member of the police force upon two charges of misconduct.
Bd. of Educ., Huntington v. Teachers
30 N.Y.2d 122 (N.Y. 1972) Cited 149 times 1 Legal Analyses
In Huntington, we held that a lumpsum retirement incentive was not a feature of a "retirement system", which section 113 of the Retirement and Social Security Law forbade the municipality to create, because it was compensation for services actually rendered.
Incorporated Village of Lynbrook v. New York State Public Employment Relations Board
48 N.Y.2d 398 (N.Y. 1979) Cited 111 times
Evaluating PERB determination
Board of Education of City School District v. New York State Public Employment Relations Board
75 N.Y.2d 660 (N.Y. 1990) Cited 64 times 1 Legal Analyses
Recognizing that "in a few instances, however, what might otherwise be negotiable terms and conditions of employment are prohibited from being collectively bargained. For example, a statute may direct that certain action be taken by the employer, leaving no room for negotiation."
W. Irondequoit Teachers v. Helsby
35 N.Y.2d 46 (N.Y. 1974) Cited 91 times
In West Irondequoit Teachers Assn. (35 NY2d 46), this court upheld a PERB determination that found the fixing of class size not to be a term or condition of employment (and therefore not negotiable), but rather a matter of educational policy.
JMH, Inc. v. New York State Liquor Authority
61 A.D.3d 1260 (N.Y. App. Div. 2009) Cited 18 times
No. 505876. April 23, 2009. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of respondent which revoked petitioner's liquor license. David Brickman, Albany, for petitioner. Mark D. Frering, New York State Liquor Authority, Albany, for respondent. Before: Cardona, P.J., Mercure, Malone Jr. and McCarthy, JJ. Kavanagh, J. In November 2007, respondent filed two sets of charges against petitioner alleging
Section 212.4 - Formal hearing
N.Y. Comp. Codes R. & Regs. tit. 4 § 212.4
(a) A formal hearing for the purpose of taking evidence relevant to the case before the agency shall be conducted as necessary by the administrative law judge designated by the director. At any time, an administrative law judge may be substituted by the director for the administrative law judge previously assigned. (b) The hearing will not be adjourned unless good and sufficient grounds are established by the requesting party, who shall file, consistent with the manner in which the petition was filed

In the Matter of Chenango Forks Central School District, Appellant,v.New York State Public Employment Relations Board et al., Respondents.

24 Cited authorities

Holding that a reviewing court should not refuse to enforce an arbitral award merely because it would read the collective bargaining agreement differently than the arbitrator

Affirming arbitration award reinstating employee to his position as correctional officer, with full pay, notwithstanding the employee's having flown a Nazi flag on the porch of his home

Stating that "[h]earsay evidence can be the basis of an administrative determination"

In Collins v. Codd, 342 N.E.2d 524 (N.Y. 1976), the Court of Appeals of New York reversed an Appellate Division order which had annulled a determination of the Police Commissioner of the City of New York which disciplined a member of the police force upon two charges of misconduct.

In Huntington, we held that a lumpsum retirement incentive was not a feature of a "retirement system", which section 113 of the Retirement and Social Security Law forbade the municipality to create, because it was compensation for services actually rendered.

Evaluating PERB determination

Recognizing that "in a few instances, however, what might otherwise be negotiable terms and conditions of employment are prohibited from being collectively bargained. For example, a statute may direct that certain action be taken by the employer, leaving no room for negotiation."

In West Irondequoit Teachers Assn. (35 NY2d 46), this court upheld a PERB determination that found the fixing of class size not to be a term or condition of employment (and therefore not negotiable), but rather a matter of educational policy.