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New procedures implemented by employer ruled a mandatory subject of collective bargaining

New procedures implemented by employer ruled a mandatory subject of collective bargaining
Albany Police Officers Union Local 2841, and City Of Albany, PERB U-27333
[Source: PERB?s Recent Decisions posting on the Internet]

The Board affirmed, in part, and reversed, in part, the decision of an ALJ finding that the City of Albany violated §209a.1(d) of the Act when it unilaterally implemented new procedures with respect to requests by bargaining unit members to use accrued compensatory time and incidental leave.

The Board found that the unilateral implementation of a 30 day limitation on when requests may be submitted and a 14 day rule on when supervisors can begin to act upon such requests constitute mandatory subjects of negotiations because they impose new procedural restrictions on supervisory discretion as to whether to grant or deny such leave requests.

However, the Board reversed the ALJ and sustained the City's contract reversion defense with respect to a 48 hour rule for when employees will be notified if their request has been granted.

The Board concluded that the 48 hour rule is necessitated by the City's decision to revert to the contract's voluntary overtime provisions, which includes a 48 hour posting requirement, to cover for compensatory leave requests. The Board found that the City's legitimate reversion to the voluntary overtime procedure also permitted it to unilaterally institute the procedure of holding certain leave requests in abeyance until the opportunity for voluntary overtime expires 48 hours before a shift.

Full post as published by New York Public Personnel Law on November 28, 2008 (boomark / email).