To All Delegates and Members

April 16, 2001

PBA VICTORY IN PERB CHALLENGE

On April 16, 2001, the Albany County Supreme Court ruled in the PBA’s favor on all issues regarding the City’s challenge to the Constitutionality of PERB and the jurisdiction of PERB to hear disputes that arise in the course of collective bargaining.

The Court rejected the City’s argument that the amendments to the Taylor Law were unconstitutional, and required a “Home Rule” message.  The amendments do “not violate the Home Rule provision of the New York State Constitution,” the Court stated.

With respect to the City’s position that OCB should resolve scoping issues and other issues arising in the course of collective bargaining, the Court concluded that “PERB has jurisdiction of scope of bargaining and impasse resolution issues [including improper practice issues arising during collective bargaining], arising during collective negotiations between the City and the PBA. . . .”