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Fragmentation of a collective bargaining unit

Fragmentation of a collective bargaining unit
Westchester Community College Staff Union, County Of Westchester, Westchester Community College And Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Westchester County Local 860, PERB Decision C-5695

Employees jointly employed by the County of Westchester and Westchester Community College were fragmented from a unit of employees otherwise employed solely by the County, the joint employer relationship being sufficient to warrant the fragmentation and the petitioner determined to be an employee organization as no specific indicia of employee organizational status is required.

There are a number of employment situations in which the issue the assignment of an individual to appropriate collective bargaining unit may arise. The most common involve employees holding:

1. Joint appointment -- a single individual is employed in a single position funded by two different appointing authorities; or

2. Shared employment -- two or more individuals are employed part-time by a single appointing authority and "share" a single position; or

3. Dual employment -- an single individual is employed by the same employer to simultaneously serve two different positions; or

4. Extra service employment -- an individual, typically working full time for one appointing authority, is simultaneously employed by the same or another appointing authority in a different position with the approval of the appointing authority or both appointing authorities, as the case may be.

The Appellate Division considered the issue of ?dual appointment? in Holbrook v Rockland Co, 260 A.D.2d 437, while in Nemani v United Health Services, Inc., 170 AD2d 782, the court considered the status of an individual holding a "joint appointment."

Full post as published by New York Public Personnel Law on November 18, 2008 (boomark / email).