Matter of State (SUNY) v. Public Employment Relations Board, 56 N.Y.2d 339 (1982)
A union may waive its right to negotiate a mandatory subject of bargaining if it knowingly fails to request negotiations on that subject during contract negotiations.
Summary
This case concerns whether the Civil Service Employees Association (CSEA) waived its right to challenge the State University of New York’s (SUNY) “directed absence” policy by failing to demand negotiation on the issue during contract negotiations. The Court of Appeals affirmed the Appellate Division’s decision, finding that the Public Employment Relations Board’s (PERB) determination that CSEA had not waived its right to negotiate the 1977 and 1978 SUNY directives was irrational and unsupported by evidence. The court emphasized that CSEA knew of the policy and its continued enforcement but did not raise it during bargaining.
Facts
SUNY issued directives in 1977 and 1978 concerning a “directed absence” policy. CSEA was aware of these directives and that SUNY intended to continue enforcing the policy. In 1976, CSEA unsuccessfully attempted to negotiate an end to SUNY’s “directed absence” policy contained in its 1976 directive. Despite this knowledge, CSEA did not request that the “directed absence” policy be placed on the negotiating table in 1977 or 1978.
Procedural History
PERB initially determined that CSEA had waived its right to challenge the 1977 and 1978 SUNY directives. The Appellate Division reversed PERB’s determination. The Court of Appeals affirmed the Appellate Division’s decision, agreeing that PERB’s determination was irrational and unsupported by the evidence.
Issue(s)
Whether PERB’s determination that CSEA did not waive its right to challenge the 1977 and 1978 SUNY directives regarding the “directed absence” policy was rational and supported by substantial evidence, given CSEA’s awareness of the policy and failure to request negotiations on the issue.
Holding
No, because CSEA knew of the “directed absence” policy and its continued enforcement but failed to request that the issue be put on the bargaining table during the 1977 and 1978 negotiations. Thus PERB’s determination was irrational and unsupported by the evidence.
Court’s Reasoning
The court reasoned that CSEA was well aware of the “directed absence” policy outlined in the 1977 and 1978 SUNY directives and knew that SUNY intended to continue enforcing it. Despite this knowledge, CSEA did not attempt to negotiate the policy during the 1977 and 1978 contract negotiations. The court found PERB’s determination that CSEA had not waived its right to negotiate the issue to be irrational in light of these facts. The court emphasized that unions have a responsibility to bring up mandatory subjects of bargaining during negotiations if they wish to preserve their right to negotiate those issues. By failing to do so, they may be deemed to have waived that right. Dissenting, Judge Jasen argued that the scope of the court’s review of PERB’s interpretation is limited. He stated that unless the Board’s determination was affected by an error of law, arbitrary and capricious, or not supported by substantial evidence, the court should not interfere. Quoting Matter of West Ironde quoit Teachers Assn. v Helsby, 35 NY2d 46, 50, the dissent emphasized, “As the agency charged with implementing the fundamental policies of the Taylor Law, [PERB] is presumed to have developed an expertise and judgment that requires us to accept its construction if not unreasonable”.