Town of Islip v. New York State Public Employment Relations Board

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Public Employment Relations Board dated May 27, 2011, which affirmed a decision of an administrative law judge dated March 1, 2010, finding, after a hearing, that an improper practice charge filed by Local 237, International Brotherhood of Teamsters and United Public Service Employees Union, alleging that the petitioner, Town of Islip, violated Civil Service Law § 209-a (1) (d), was established, and directing the Town of Islip, inter alia, to “restore the vehicle assignments for commutation between home and work to those unit members who enjoyed the benefit prior to April 4, 2008,” and to “make whole unit employees for the extra expenses incurred as a result of the unilateral withdrawal of the vehicle assignments, if any, together with interest at the maximum legal rate,” and, in effect, cross petition by the New York State

Ordered that, upon remittitur from the Court of Appeals, the matter is remitted to the New York State Public Employment Relations Board for further proceedings in accordance with the opinion of the Court of Appeals in Matter of Town of Islip v New York State Pub. Empl. Relations Bd. ( 23 NY3d 482 [2014]).

The Court of Appeals determined that the remedial order issued by the New York Public Employment Relations Board (hereinafter PERB) in this matter was “unduly burdensome under the circumstances, and d[id] not further the goal of reaching a fair negotiated result” (Matter of Town of Islip v New York State Pub. Empl. Relations Bd., 23 NY3d 482 , 494 [2014]). As relevant here, the Court of Appeals stated as follows: “We review the remedies imposed by PERB with deference to its expertise (see Matter of City of Albany v Helsby, 29 NY2d 433 , 439 [1972]). Thus ‘a remedy fashioned by PERB for an improper practice should be upheld if reasonable,’ although ‘[i]t is for the courts to examine the reasonable application of PERB’s remedies’ (Matter of Manhasset Union Free School Dist. v New York State Pub. Empl. Relations Bd., 61 AD3d 1231 , 1234-1235 [3d Dept 2009] [citations and internal quotation marks omitted]; see Civil Service Law § 213 [d]). Here, PERB’s remedial order requires the Town to ‘[forthwith restore the vehicle assignments for commutation between home and work to those unit members who enjoyed the benefit prior to April 4, 2008.’ A PERB injunction was not sought to preserve the status quo ante, and the Town sold some or all of the cars formerly permanently assigned to blue- and white-collar unit employees. Forcing the Town to invest significant taxpayer dollars to replace these vehicles is unduly burdensome under the circumstances, and does not further the goal of reaching a fair negotiated result (cf.

In light of the determination of the Court of Appeals, we remit the matter to PERB for further proceedings in accordance with that determination.

Skelos, J.P, Balkin, Dickerson and Hinds-Radix, JJ., concur.