Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Chenango Forks Cent. School Dist. v. New York State Public Employment Relations Bd.

Court of Appeals of New York

June 6, 2013

In the Matter of CHENANGO FORKS CENTRAL SCHOOL DISTRICT, Appellant,
v.
NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents.

Page 256

[Copyrighted Material Omitted]

Page 257

[Copyrighted Material Omitted]

Page 258

[Copyrighted Material Omitted]

Page 259

[970 N.Y.S.2d 901] Coughlin & Gerhart LLP, Endicott (Lars P. Mead of counsel), for appellant.

David P. Quinn, Albany, for New York State Public Employment Relations Board, respondent.

Richard E. Casagrande, Latham, for Chenango Forks Teachers Association, respondent.

Page 260

[970 N.Y.S.2d 902] OPINION

READ, J.

[993 N.E.2d 388] On June 12, 2003, the Chenango Forks Central School District (the School District or the District) circulated a memorandum to its faculty and staff, represented by the Chenango Forks Teachers Association, NYSUT, AFT, AFL-CIO, Local 2651 (the Union), announcing termination, due to costs, of the District's practice of reimbursing Medicare Part B premiums of retirees 65 years of age or older. The School District was at one time required by its health care insurance plan to reimburse these premiums. But in 1988, the parties negotiated a switch to a new plan, which was reflected in the collective bargaining agreement (CBA) they entered into in 1990. Although the new plan did not require provision of this benefit, the District nonetheless continued it.[1] The 2001-2004 CBA, in place in June 2003, said nothing about Medicare Part B premium reimbursement. Similarly, the 2004-2007 CBA, entered into in January 2005, was silent on this issue, and the parties agree that the topic was not raised during contract negotiations.

The Union filed a contract grievance on July 24, 2003, claiming that the School District had violated the CBA by failing to negotiate cancellation of Medicare Part B premium reimbursement. And on September 12, 2003, the Union filed an improper practice charge with the New York State Public Employment Relations Board (PERB or the Board). There, the Union asserted that the District had violated the Public Employees' Fair Employment Act (the Taylor Law), Civil Service Law ยง 209-a (1)(d), by unilaterally discontinuing Medicare Part B premium

Page 261

reimbursement. The Union characterized these reimbursements as a benefit that accrues to employees while they are employed, to be paid to them when they retire. On December 12, 2003, Administrative Law Judge (ALJ) Quinn, at the District's request, conditionally dismissed the improper practice charge, subject to a motion to reopen. In light of the pending grievance, he noted, " it [was] PERB's policy to refrain from asserting jurisdiction over the at-issue ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.