39 N.Y.2d 53 (1976)
When a public employer is found to have refused to negotiate in good faith, the Public Employment Relations Board (PERB) is limited to issuing an order directing the employer to negotiate in good faith and lacks the authority to order specific performance of the employment contract.
Summary
The Faculty Association of Jefferson Community College filed a complaint with PERB alleging that Jefferson County refused to negotiate in good faith regarding merit salary increments. PERB sustained the charge and directed the County to negotiate in good faith by ceasing and desisting from refusing to pay the increments. The County sought review, arguing PERB exceeded its authority. The Court of Appeals held that PERB’s authority is limited to ordering good faith negotiation and does not extend to ordering specific performance, aligning with the legislative intent of PERB as a dispute resolution facilitator rather than a contract enforcer.
Facts
In June 1971, Jefferson County entered into a two-year employment contract with the Faculty Association. The contract stipulated that merit salary increments would be determined by the college administration and Board of Trustees. For ten years, all retained faculty members received merit increases. In December 1971, the administration and trustees recommended $34,000 in merit increments for the 1972-1973 academic year. During contract reopener negotiations, the County didn’t seek to renegotiate the merit increment provision. However, the County subsequently reduced the proposed merit increment budget by almost half, prompting the Faculty Association to file a complaint with PERB.
Procedural History
The Faculty Association filed a complaint with PERB alleging an improper employer practice. PERB sustained the charge that the County refused to negotiate in good faith and ordered the County to negotiate in good faith and cease refusing to pay merit salary increments. The County then filed an Article 78 proceeding seeking review and annulment of PERB’s order. The Appellate Division modified PERB’s order, holding that PERB exceeded its authority by effectively ordering the County to pay the increments. The Faculty Association appealed to the New York Court of Appeals.
Issue(s)
Whether PERB possesses the statutory authority to direct a public employer, charged with refusing to negotiate in good faith on merit salary increments, to negotiate in good faith by ceasing and desisting from refusing to pay such increments.
Holding
No, because section 205 (subd 5, par [d]) of the Civil Service Law limits PERB’s authority in cases of failure to negotiate in good faith to only issuing an order directing the public employer to negotiate in good faith.
Court’s Reasoning
The Court emphasized the specific language of section 205 (subd 5, par [d]) of the Civil Service Law, which states that PERB’s procedures in cases of a public employer’s failure to negotiate in good faith