The court confirmed PERB's determination that Erie County violated Civil Service Law § 209-a(1)(d) by transferring bargaining unit work without negotiating with the unions. The petition was dismissed and counterclaims for enforcement were granted.
What This Ruling Means
**County Workers Win Protection Against Work Transfer Without Union Input**
The County of Erie transferred work that was normally done by union employees to other workers without first negotiating with the unions representing those employees. The unions complained to the state's Public Employment Relations Board (PERB), arguing this violated their collective bargaining rights under Civil Service Law.
PERB agreed with the unions and ruled that the County had broken the law by moving the work without proper negotiation. The County disagreed with this decision and asked a court to overturn it, claiming PERB was wrong.
The court sided with PERB and dismissed the County's challenge. The court confirmed that when employers want to transfer work that union members normally perform, they must negotiate with the unions first - they cannot simply make these changes unilaterally.
**What This Means for Workers:** This ruling reinforces that unionized public sector employees have strong protections when it comes to their work assignments. Employers cannot simply decide to move union work to non-union employees or different departments without going through proper bargaining processes. This helps preserve union jobs and ensures workers have a voice in decisions that affect their employment.
This summary was generated to explain the ruling in plain English and is not legal advice.
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