TOWN OF GREECE v. 1170 (2001)

In this transferred CPLR article 78 proceeding, petitioner, the Town of Greece (Town), challenges the determination of the Public Employment Relations Board of the State of New York (PERB) that the Town committed an improper employer practice in violation of Civil Service Law § 209-a(1)(d) by refusing to reduce to a formal document the terms of an agreement reached between representatives of the Town and respondent union.

 PERB's determination that the parties agreed to a modification of the collective bargaining agreement is supported by substantial evidence (see, Matter of Benson v. Cuevas, 272 A.D.2d 764, 765, 708 N.Y.S.2d 494, lv. denied 95 N.Y.2d 760, 714 N.Y.S.2d 710, 737 N.E.2d 952;  Matter of County of Onondaga v. Kinsella, 187 A.D.2d 1014, 590 N.Y.S.2d 368, lv. denied 81 N.Y.2d 706, 597 N.Y.S.2d 936, 613 N.E.2d 968).   Moreover, PERB's determination that the Town violated the Taylor Law is neither arbitrary and capricious nor affected by an error of law.   PERB reasonably concluded that Town negotiators committed an improper practice by not submitting the agreement for approval, ratification, or implementation by the Town Supervisor or Town Board (see, Matter of Board of Educ. v. Buffalo Teachers Fedn., 191 A.D.2d 985, 594 N.Y.S.2d 937, lv. denied 82 N.Y.2d 656, 602 N.Y.S.2d 805, 622 N.E.2d 306;  Matter of Oneida County Deputy Sheriff's Benevolent Assn., 24 PERB ¶ 4561;  Matter of Jamesville-Dewitt Faculty Assn., New United Teachers, AFT # 2755, 22 PERB ¶ 3048).  “As the agency charged with implementing the Taylor Law, [PERB] is presumed to have developed an expertise and judgment that requires us to accept its construction [of the statute] if not unreasonable” (Matter of Incorporated Vil. of Lynbrook v. New York State Pub. Empl. Relations Bd., 48 N.Y.2d 398, 404, 423 N.Y.S.2d 466, 399 N.E.2d 55).

Determination unanimously confirmed with costs and petition dismissed.

MEMORANDUM: