Labor & Employment Law

Annual performance evaluation procedure

By Harvey Randall, Esq.

Annual performance evaluation procedure
Yonkers Police Association and the City of Yonkers, PERB U25381

PERB ruled that the City of Yonkers violated Civil Service Law Section 209a.1(d) when it unilaterally implemented an annual employee performance evaluation procedure for employees in the unit represented by the Association. The management rights clause set out in the collective bargaining agreement gave the City the right to make rules, regulations and policies addressing personnel practices and procedures, subject to the Association?s right to consult and confer. Although a reference to personnel practices and procedures might generally be said to cover personnel evaluation procedures, PERB ruled that the specific language in this Management Rights clause could not be deemed to be a clear, unmistakable and unambiguous waiver of the Association?s right to negotiate every topic that might generally fall within that broad phrase.

Full post as published by New York Public Personnel Law on April 10, 2008 (boomark / email).