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Dec 2 2011

Perb Finds that Proposed Procedure for Certain General Municipal Law 207-C Adjudications is Mandatory Subject of Bargaining | Employment Law

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In a recent opinion, PERB reviewed the County of Chemung and the Chemung County Sheriff’s (“Joint Employer”) arguments that the Chemung County Sheriff’s Association’s (“Association”) proposed General Municipal Law Section 207-c procedure was non-mandatory, and therefore not subject to compulsory interest arbitration. PERB concluded that the proposal was a mandatory subject of bargaining because it did not require de novo review of the Joint Employer’s initial determination, but only provided that the hearing officer’s decision would be binding. This case has state-wide importance to police and firefighter unions that have or are seeking to negotiate General Municipal Law Section 207-a or 207-c procedures.

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