Matter of Town of Islip v. PERB, 25 N.Y.3d 491 (2015)

A public employer is not required to collectively bargain to discontinue a past practice that is in direct violation of a duly enacted local law.

Summary

The New York Court of Appeals addressed whether a town was required to collectively bargain before discontinuing a practice that violated a local ethics law. Town employees had been permitted to use town vehicles for personal use, a practice inconsistent with the town’s Code of Ethics. The Public Employment Relations Board (PERB) found that discontinuing this practice without bargaining violated the Taylor Law. The Court of Appeals reversed, holding that a public employer is not obligated to bargain over the cessation of an illegal practice established in violation of local law.

Facts

The Town of Islip had a practice of allowing town employees to use town-owned vehicles for personal use, including commuting to and from home. This practice was in place despite the existence of Chapter 14 of the Town Code, specifically Section 14-12, which prohibited the use of town-owned vehicles for personal convenience except when such services are available to the public or are provided as municipal policy for official business. The Town unilaterally discontinued the practice, leading to a complaint filed by the union representing the employees.

Procedural History

The union filed an improper practice charge with PERB, alleging the Town violated the Taylor Law by unilaterally discontinuing a past practice. PERB sustained the charge, finding the Town failed to bargain over a mandatory subject of negotiation. The Appellate Division confirmed PERB’s determination. The Court of Appeals reversed, modifying the order and remitting to the Appellate Division with directions to remand to PERB for further proceedings.

Issue(s)

1. Whether a public employer must collectively bargain before discontinuing a past practice that is in violation of a duly-enacted local law.

Holding

1. No, because requiring an employer to bargain over the discontinuance of an illegal practice would undermine the local law and public policy.

Court’s Reasoning

The Court reasoned that PERB’s decision effectively required the Town to bargain its way out of an illegal activity. The Court found this contrary to law and public policy, stating that illegal past conduct should not evolve into binding terms and conditions of employment. The Court emphasized that allowing such a practice would permit PERB to overrule a duly-enacted local law, which is impermissible. The Court stated, “The issue distills to whether a public employer must collectively bargain its way out of a previous policy that is plainly in violation of a duly-enacted local law.” The Court further explained that where a past practice violates a local law, the employer has no duty to bargain its cessation. Requiring bargaining in such a scenario would place an undue burden on the employer and allow illegal practices to persist.