[HISTORY: Adopted by the Village Board of the Village of Port Chester 11-18-1968.
Amendments noted where applicable.]
[Amended 10-23-1969]
The Board of Trustees of the Village of Port Chester hereby finds and
declares that it is in the best interests of the citizens of the Village of
Port Chester and the employees of the Village of Port Chester government to
provide for the effective implementation of the requirements of the Public
Employees' Fair Employment Act, as set forth in Article 14 of the Civil
Service Law as added by Chapter 392 of the Laws of 1967, and heretofore amended
by Chapter 24 of the Laws of 1969, establishing local provisions and procedures
with respect to the determination of the representation status of employees'
organizations and the resolution of disputes in the course of collective negotiations
with such organizations. It is the purpose of this act and the local provisions
and procedures herein established to continue to promote a harmonious and
cooperative relationship between the Village of Port Chester government and
its employees and to protect the public by assuring, at all times, the orderly
and uninterrupted operations and functions of village government. With this
in view this Board of Trustees also creates, as hereinafter provided, a Village
of Port Chester Public Employment Relations Board and establishes herein further
procedures relating to the prohibition against strikes by public employees
as provided in this act.
As used in this resolution, the following terms shall have the meanings
indicated:
The result of the exchange of mutual promises between the Mayor of
the Village of Port Chester and an employee organization which becomes a binding
contract, for the period set forth therein, except as to any provisions therein
which require approval by the Board of Trustees of the Village of Port Chester
and as to those provisions, shall become binding when the Board of Trustees
of the Village of Port Chester gives its approval.
[Added 10-23-1969]
The Public Employment Relations Board created by § 47-6 of this resolution.
[Repealed 9-13-1971]
The Treasurer of the Village of Port Chester.
[Added 10-23-1969]
The Corporation Counsel.
An organization of any kind having as its primary purpose the improvement of terms and conditions of employment of public employees, except that such term shall not include an organization membership in which is prohibited by § 105 of the Civil Service Law of the State of New York; which discriminates with regard to the terms or conditions of membership because of race, color, creed or national origin; or which, in the case of public employees who hold positions by appointment or employment in the service of the Board and who are excluded from the application of this resolution by rules and regulations of the Board, admit to membership or are affiliated directly or indirectly with an organization which admits to membership persons not in the service of the Board, for purposes of any provision of this resolution other than §§ 47-10 and 47-11 of this resolution and Subdivisions 1 and 2 of § 210 and § 211 of the Civil Service Law of the State of New York.
The Village of Port Chester. Upon the application of the Village of Port Chester, the Board may determine that the Village of Port Chester shall be deemed to be a joint public employer of public employees in an employer-employee negotiating unit pursuant to § 47-7 of this act when such determination would best effectuate the purposes of this act.
[Amended 9-13-1971]
The obligation or practice of the village to deduct from the salary
of a public employee with his consent an amount for the payment of his membership
dues in an employee organization and to transmit the sum so deducted to an
employee organization.
[Amended 9-13-1971]
Any person holding a position by appointment or employment in the service of the Village of Port Chester, except that such term shall not include for the purposes of any provisions of this act other than §§ 47-10 and 47-11 of this act, persons who may reasonably be designated from time to time as managerial or confidential upon application of the Village of Port Chester to the appropriate board in accordance with procedures established pursuant to § 47-6, which procedures shall provide that any such designations made during a period of unchallenged representation pursuant to § 47-8B of this act shall only become effective upon the termination of such period of unchallenged representation.
Employees may be designated as "managerial" only if they are persons
who:
Formulate policy; or
May reasonably be required on behalf of the Village of Port Chester
to assist directly in the preparation for and conduct of collective negotiations
or to have a major role in the administration of agreements or in personnel
administration, provided that such role is not of a routine or clerical nature
and requires the exercise of independent judgment.
Employees may be designated as "confidential" only if they are persons who assist and act in a confidential capacity to managerial employees described in Subsection A(2) above.
Any strike or other concerted stoppage of work or slowdowns by public
employees.
Salaries, wages, hours and other terms and conditions of employment;
provided, however, that such term shall not include any benefits provided
by or to be provided by a public retirement system, or payments to a fund
or insurer to provide an income for retirees, or payment to retirees or their
beneficiaries. No such retirement benefits shall be negotiated pursuant to
this article, and any benefits so negotiated shall be void.
[Amended 10-1-1973]
Employees of the Village of Port Chester shall have the right to form,
join and participate in, or to refrain from forming, joining or participating
in, any employee organization of their own choosing as provided by § 202
of the Civil Service Law of the State of New York.
Such employees shall have the right to be represented by employee organizations
to negotiate collectively with the Village of Port Chester in the determination
of their terms and conditions of employment and the administration of grievances
arising thereunder as provided by § 203 of the Civil Service Law
of the State of New York.
A.
The Village of Port Chester is hereby empowered to recognize
employee organizations for the purpose of negotiating collectively in the
determination and administration of grievances arising under the terms and
conditions of employment of its public employees and to negotiate and enter
into written agreements with such employee organizations in determining such
terms and conditions of employment, pursuant to the provisions of § 204
of the Civil Service Law of the State of New York.
B.
Where an employee organization has been certified or
recognized pursuant to this resolution the Village of Port Chester shall be
and hereby is required to negotiate collectively with such employee organization
in the determination and administration of grievances arising under the terms
and conditions of employment of its public employees, and to negotiate and
enter into written agreements with such employee organizations in determining
such terms and conditions of employment, pursuant to § 204 of the
Civil Service Law of the State of New York.
[Added 10-23-1969]
A.
Any written agreement between the Village of Port Chester
and an employee organization determining the terms and conditions of employment
of public employees shall contain the following notice in type not smaller
than the largest type used elsewhere in such agreement: "It is agreed by and
between the parties that any provision of this agreement requiring legislative
action to permit its implementation by amendment of law or by providing the
additional funds therefor shall not become effective until the Board of Trustees
of the Village of Port Chester has given approval."
B.
Every employee organization submitting such a written
agreement to its members for ratification shall publish such notice, including
such notice in the documents accompanying such submission, and shall read
it aloud at any membership meeting called to consider such ratification.
C.
Within 60 days after the effective date of this act,
a copy of this section shall be furnished by the chief fiscal officer of the
Village of Port Chester to each public employee. Each public employee employed
thereafter shall, upon such employment, be furnished with a copy of the provisions
of this section.
A.
There is hereby created a board to be known as the "Village
of Port Chester Public Employment Relations Board." The said Board shall consist
of three members to be appointed by the Mayor, upon the advice and consent
of the Board of Trustees, from persons representative of the public. Not more
than two members of the Board shall be members of the same political party.
The said members shall be appointed for a term of six years, except that of
the members first appointed one shall be appointed for a term to expire on
December 31, 1968, one for a term to expire on December 31, 1970, and one
for a term to expire on December 31, 1972. The Mayor shall designate one member
as Chairman of the Board. A vacancy shall be filled in the same manner as
the original appointment for the unexpired term.
B.
Members of the Board shall hold no other public office
or public employment in the Village of Port Chester.
C.
The members of such Board may receive such compensation
as may be recommended by the Mayor and authorized by the Board of Trustees
and within the amounts made available therefor by appropriation. Nothing herein
shall be construed to require the Board of Trustees to provide compensation
for such members. However, the said Board shall appoint such officers and
employees as may be authorized by the Board of Trustees.
D.
In addition to the powers and functions as may be provided
by law or elsewhere in this resolution, the said Board shall have the following
powers and functions:
(1)
To establish procedures consistent with the provisions of § 47-7 of this resolution and after consultation with interested parties, to resolve disputes concerning the representation status of employee organizations.
(2)
To resolve, pursuant to such procedures, disputes concerning
the representation status of employee organizations of employees of the Village
of Port Chester upon request of any employee organization or public employer.
(3)
To conduct studies of problems involved in representation
and negotiation, including but not limited to whether employee organizations
are to be recognized as representatives of their members only or are to have
exclusive representation for all employees in the bargaining unit; the problems
of unit determination; and those subjects which are open to negotiation in
whole or in part.
(4)
To establish, after consulting representatives of employee
organizations, the Mayor of the Village of Port Chester and the Board of Trustees,
panels of qualified persons broadly representative of the community and as
far as practicable who are versed in the field of labor relations, to be available
to serve as mediators, arbitrators or members of fact-finding boards.
[Amended 10-23-1969]
(5)
To hold such hearings and make such inquiries as it deems
necessary for the Board properly to carry out its functions and powers.
(6)
For the purpose of such hearings and inquiries, the members
of such Board shall have the power to administer oaths and affirmations and
to compel the attendance of witnesses and the production of books and papers.
(7)
To make, amend and rescind from time to time such rules
and regulations, including but not limited to those governing its internal
organization and conduct of its affairs, and to exercise such other powers
as may be appropriate to effectuate the purposes and provisions of this resolution.
E.
No officer, board, department or agency of the village
shall exercise any supervision, direction or control over the Board in the
performance of any of its functions or the exercise of any of its powers under
this resolution.
For purposes of resolving disputes concerning representation status
the Village of Port Chester Public Employment Relations Board shall:
A.
Define the appropriate employer-employee negotiating
unit taking into account the following standards:
(1)
The definition of the unit shall correspond to a community
of interest among the employees to be included in the unit.
(2)
The departmental officials at the level of the unit shall
have the power to make effective recommendations to their departmental head,
or in the case of a departmental head, to the Board of Trustees, with respect
to the terms and conditions of employment upon which the employees desire
to negotiate.
(3)
The unit shall be compatible with the joint responsibilities
of the village and its employees to serve the interests of the public.
B.
Ascertain the village employees' choice of employee
organization as their representative, in those cases where agreement has not
been reached on the means to ascertain the choice, on the basis of dues deduction
authorization and other evidences, or if necessary, by conducting an election.
C.
Certify an employee organization upon the determination
that such organization represents that group of village employees it claims
to represent, and as provided in § 207 (3)(b) of the Civil Service
Law, the affirmation by such organization that it does not assert the right
to strike against any government, to assist or participate in any such strike,
or to impose an obligation to conduct, assist or participate in such a strike.
[Amended 9-13-1971]
A.
The Village of Port Chester shall extend to an employee
organization certified or recognized pursuant to this act the following rights:
(1)
To represent the employee in negotiations notwithstanding
the existence of an agreement with an employee organization that is no longer
certified or recognized, and in the settlement of grievances.
(2)
To membership dues deduction, upon presentation of dues
deduction authorization cards signed by individual employees.
B.
An employee organization certified or recognized pursuant
to this act shall be entitled to unchallenged representation status until
seven months prior to the expiration of a written agreement between the Village
of Port Chester and said employee organization determining the terms and conditions
of employment. For the purposes of this subsection, any such agreement for
a term covering other than the fiscal year of the Village of Port Chester
shall be deemed to expire with the fiscal year ending immediately prior to
the termination date of such agreement, any such agreement having a term in
excess of three years shall be treated as an agreement for a term of three
years and extensions of any such agreement shall not extend the period of
unchallenged representation status.
A.
For purposes of this section, an impasse may be deemed
to exist if the parties fail to achieve agreement at least 20 days prior to
the end of the fiscal year of the Village of Port Chester.
[Amended 9-13-1971]
B.
The Village of Port Chester may enter into written agreements
with recognized or certified employee organizations setting forth procedures
to be invoked in the event of disputes which reach an impasse in the course
of collective negotiations. Such agreements may include the undertaking by
each party to submit unresolved issues to impartial arbitration. In the event
such procedures fail to solve the impasse, or in the event no such written
agreement is entered into, either the Village of Port Chester or the organization,
or both, may request the Village of Port Chester Public Employment Relations
Board to render assistance, as hereinafter provided, or the Board may render
such assistance on its own motion.
[Amended 10-23-1969]
C.
On request of either party, or upon its own motion, and
in the event the said Board determines that an impasse exists in collective
negotiations between such employee organization and the village as to the
conditions of employment, the Board shall render assistance as follows:
(1)
To assist the parties to effect a voluntary resolution of the dispute, the Board shall appoint a mediator or mediators representative of the public from the list of qualified persons maintained by the Board as provided in § 47-6 of this resolution.
(2)
If the impasse continues, the Board shall appoint a fact-finding board of not more than three members, each representative of the public, from the list of qualified persons maintained by the Board as provided in § 47-6 of this resolution, which fact-finding board shall have delegated to it by the Board, the power to make public recommendations for the resolution of the dispute.
(3)
If the dispute is not resolved at least 80 days prior
to the end of the fiscal year of the Village of Port Chester or by such other
date determined by the Board to be appropriate, the fact-finding board, acting
by a majority of its members, shall immediately transmit its findings of fact
and recommendations for resolution of the dispute to the Mayor of the Village
of Port Chester and to the employee organization involved, may thereafter
assist the parties to effect a voluntary resolution of the dispute, and shall,
within five days of such transmission, make public such findings and recommendations.
[Amended 10-23-1969; 9-13-1971]
(4)
In the event that the findings of fact and recommendations are made public by a fact-finding board appointed by the Board or established pursuant to procedures agreed upon by the parties under Subsection C(2) of this section, and the impasse continues, the Public Employment Relations Board shall have the power to take whatever steps it deems appropriate to resolve the dispute, including the making of recommendations after giving due consideration to the findings of fact and recommendations of such fact-finding board, but no further fact-finding board shall be appointed; and, upon request of the parties, assistance in providing such voluntary arbitration.
[Amended 10-23-1969; 3-18-1971]
(5)
In the event that either the Village of Port Chester
or the employee organization does not accept in whole or part the recommendations
of the fact-finding board, the Mayor of the Village of Port Chester shall,
within 10 days after receipt of the findings of fact and recommendations of
the fact-finding board, submit to the Village Board of Trustees a copy of
the findings of fact and recommendations of the fact-finding board, together
with his recommendations for settling the dispute; the employee organization
may submit to the Village Board of Trustees its recommendations for settling
the dispute; the Board of Trustees or a duly authorized committee thereof
shall forthwith conduct a public hearing at which the parties shall be required
to explain their positions with respect to the report of the fact-finding
board; and thereafter, the Board of Trustees shall take such action as it
deems to be in the public interest, including the interest of the public employees
involved.
[Amended 10-23-1969; 9-13-1971]
[Amended 10-23-1969]
A.
As required by § 210 of the Civil Service Law
of the State of New York, no employee of the Village of Port Chester or employee
organization shall engage in a strike, and no public employee or employee
organization shall cause, instigate, encourage or condone a strike.
B.
Penalties for offenses; presumption; prohibition against
consent to strike; determination; notice; probation; payroll deductions; objections;
and restoration.
(1)
Penalties for offenses. A public employee shall violate this subsection by engaging in a strike or violating § 47-10B(3) and shall be liable as provided in this subsection pursuant to the procedures contained herein. In addition, any public employee who violates Subsection A of this section may be subject to removal or other disciplinary action provided by law for misconduct.
(2)
Presumption. For purposes of this subsection an employee
who is absent from work without permission, or who abstains wholly or in part
from the full performance of his duties in his normal manner without permission,
on the date or dates when a strike occurs, shall be presumed to have engaged
in such strike on such date or dates.
(3)
Prohibition against consent to strike. No person exercising
any authority, supervision or direction over any public employee on behalf
of the Village of Port Chester shall have the power to authorize, approve,
condone or consent to a strike, or the engaging in a strike by one or more
public employees, and such person shall not authorize, approve, condone or
consent to such strike or engagement.
(4)
Determination. In the event it appears that a violation
of this subsection may have occurred, the Mayor shall, on the basis of such
investigation and affidavits as he may deem appropriate, determine whether
or not such violation has occurred and the date or dates of such violation.
If the Mayor determines that such violation has occurred, he shall further
determine, on the basis of such further investigation and affidavits as he
may deem appropriate, the names of employees who committed such violation
and the date or dates thereof. Such determination shall not be deemed to be
final until the completion of the procedures provided for in this subsection.
(5)
Notice. The Mayor shall forthwith notify each employee that he has been found to have committed such violation, the date or dates thereof, and of his right to object to such determination pursuant to § 47-10B(8). He shall also notify the Village Treasurer of the names of all such employees and of the total number of days, or part thereof, on which it has been determined that such violation occurred. Notice to each employee shall be by personal service or certified mail to his last address filed by him with his employer.
[Amended 9-13-1971]
(6)
Probation. Notwithstanding any inconsistent provision
of law, any public employee who has been determined to have violated this
subsection shall be on probation for a term of one year following such determination,
during which period he shall serve without tenure; provided, however, that
the effect of probation hereunder with regard to teachers and others subject
to the Education Law shall not exceed or differ from the effect of probation
hereunder with regard to other public employees.
(7)
Payroll deductions. Not earlier than 30 nor later than 90 days following the date of such determination, the Village Treasurer of the Village of Port Chester shall deduct from the compensation of each such public employee an amount equal to twice his daily rate of pay for each day or part thereof that it was determined that he had violated this subsection. Such rate of pay shall be computed as of the time of such violation. In computing such deduction, credit shall be allowed for amounts already withheld from such employee's compensation on account of his absence from work or other withholding of services on such day or days. In computing the aforesaid thirty- to ninety-day period of time following the determination of a violation pursuant to § 47-10B(4) and where the employee's annual compensation is paid over a period of time which is less than 52 weeks, that period of time between the last day of the last payroll period of the employment term in which the violation occurred and the first day of the first payroll period of the next succeeding employment term shall be disregarded and not counted.
[Amended 9-13-1971]
(8)
Objections and restoration. Any employee determined to have violated this subsection may object to such determination by filing with the Mayor of the Village of Port Chester, within 20 days of the date on which notice was served or mailed to him pursuant to § 47-10B(5), his sworn affidavit, supported by available documentary proof, containing a short and plain statement of the facts upon which he relies to show that such determination is incorrect. Such affidavit shall be subject to the penalties of perjury. If the Mayor of the Village of Port Chester shall determine that the affidavit and supporting proof establishes that the employee did not violate this subsection, he shall sustain the objection. If the Mayor of the Village of Port Chester shall determine that the affidavit and supporting proof fails to establish that the employee did not violate this subsection, he shall dismiss the objection and so notify the employee. If the Mayor of the Village of Port Chester shall determine that the affidavit and supporting proof raises a question of fact which, if resolved in favor of the employee, would establish that the employee did not violate this subsection, he shall appoint a hearing officer to determine whether in fact the employee did violate this subsection after a hearing at which such employee shall bear the burden of proof. If the hearing officer shall determine that the employee failed to establish that he did not violate this subsection, the Mayor of the Village of Port Chester shall so notify the employee. If the Mayor of the Village of Port Chester sustains an objection or the hearing officer determines on a preponderance of the evidence that such employee did not violate this subsection, the Mayor of the Village of Port Chester shall forthwith restore to the employee the tenure suspended pursuant to § 47-10B(6), and notify the chief fiscal officer who shall thereupon cease all further deductions and refund any deductions previously made pursuant to this subsection. The determinations provided in this subsection shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules.
C.
Procedures before and after determination of violation.
(1)
An employee organization which is determined by the Village of Port Chester Public Relations Board to have violated the provisions of Subsection A of this section shall, in accordance with the provisions of this section, lose the rights granted pursuant to the provisions of § 47-8A(2) of this act.
[Amended 9-13-1971]
(2)
In the event that it appears that a violation of Subsection A of this section may have occurred, it shall be the duty of the Mayor of the Village of Port Chester forthwith to so notify the Village of Port Chester Public Employment Relations Board and the Corporation Counsel and to provide the said Board and the Corporation Counsel with such facilities, assistance and data as will enable the said Board and the Corporation Counsel to carry out their duties under this section.
(3)
In the event that it appears that a violation of Subsection A of this section may have occurred, the Corporation Counsel or the Village of the Port Chester Public Employment Relations Board, on its own motion, shall forthwith institute proceedings before the Village of Port Chester Public Employment Relations Board to determine whether such employee organization has violated the provisions of Subsection A of this section unless an application to punish for contempt has been made in accordance with and pursuant to the last sentence of § 211 of the Civil Service Law of the State of New York and such application terminates in a judgment on the merits.
(4)
Proceedings against an employee organization under this
section shall be commenced by service upon it of a written notice, together
with a copy of the charges. A copy of such notice and charges shall also be
served for their information upon the appropriate Village of Port Chester
officials who recognize such employee organization and grant to it the rights
accompanying such recognition. The employee organization shall have eight
days within which to serve its written answer to such charges. The hearing
of the Village of Port Chester Public Employment Relations Board shall be
held promptly thereafter and at such hearing the parties shall be permitted
to be represented by counsel and to summon witnesses in their behalf. Compliance
with the technical rules of evidence shall not be required.
(5)
In determining whether an employee organization has violated Subsection A of this section, the said Board shall consider whether the employee organization called the strike or tried to prevent it, and whether the employee organization made or was making efforts in good faith to terminate the strike.
(6)
If the said Board determines that an employee organization has violated the provisions of Subsection A of this section, the Board shall order forfeiture of the rights granted pursuant to the provisions of § 47-8A(2) of this act, for such specified period of time as the Board shall determine, or, in the discretion of the Board, for an indefinite period of time subject to restoration upon application, with notice to all interested parties, supported by proof of good-faith compliance with the requirements of Subsection A of this section since the date of such violation. Such proof shall include, for example, the successful negotiation, without a violation of Subsection A of this section, of a contract covering the employees in the unit affected by such violation; provided, however, that where a fine imposed on an employee organization pursuant to Subdivision 2 of § 751 of the Judiciary Law remains wholly or partly unpaid, after the exhaustion of the cash and securities of the employee organization, the Board shall direct that, notwithstanding such forfeiture, such membership dues deduction shall be continued to the extent necessary to pay such fine and such public employer shall transmit such moneys to the court. In fixing the duration of the forfeiture, the Board shall consider all relevant facts and circumstances, including but not limited to the extent of any willful defiance of Subsection A of this section; the impact of the strike on the public health, safety and welfare of the community; and the financial resources of the employee organization. The Board may consider the refusal of the employee organization or the Village of Port Chester, or the representative thereof, to submit to the mediation and fact-finding procedures provided in § 47-9 and whether, if so alleged by the employee organization, the Village of Port Chester or its representatives engaged in such acts of extreme provocation as to detract from the responsibility of the employee organization for the strike. In determining the financial resources of the employee organization, the Board shall consider both the income and the assets of such employee organization. In the event membership dues are collected by the Village of Port Chester as provided in § 47-8A(2) of this act, the books and records of the Village of Port Chester shall be prima facie evidence of the amount so collected.
[Amended 9-13-1971]
(7)
An employee organization whose rights granted pursuant to the provisions of § 47-8A(2) of this act have been ordered forfeited pursuant to this section may be granted such rights after the termination of such forfeiture only after complying with the provisions of § 47-7C of this act.
[Amended 9-13-1971]
(8)
No compensation shall be paid by a public employer to a public employee with respect to any day or part thereof when such employee is engaged in a strike against such employer. The chief fiscal officer of the Village of Port Chester shall withhold such compensation upon receipt of the notice provided by § 47-10B(5) of this act. Notwithstanding the failure to have deceived such notice, no public employee or officer having knowledge that such employee has so engaged in such a strike shall deliver or cause to be delivered to such employee any cash, check or payment which in whole or in part represents such compensation.
D.
Within 60 days of the termination of a strike, the Mayor
of the Village of Port Chester shall prepare and make public a report in writing
which shall contain the following information:
[Amended 9-13-1971[1]]
(1)
The circumstances surrounding the commencement of the
strike.
(2)
The efforts used to terminate the strike.
(3)
The names of those public employees whom the public officer
or body had reason to believe were responsible for causing, instigating or
encouraging the strike.
(4)
Related to the varying degrees of individual responsibility,
the sanctions imposed or proceedings pending against each such individual
public employee.
As required by § 211 of the Civil Service Law of the State of New York, and notwithstanding the provisions of § 807 of the Labor Law, where it appears that public employees or an employee organization threaten or are about to do, or are doing, an act in violation of § 47-10 of this resolution, the Mayor shall forthwith notify the Corporation Counsel and provide such Corporation Counsel with such facilities, assistance and data as will enable the Corporation Counsel to carry out his duties under this section; and, notwithstanding the failure or refusal of the Mayor to act as aforesaid, the Corporation Counsel shall forthwith apply to the Supreme Court for an injunction against such violation. If an order of the Court enjoining or restraining such violation does not receive compliance, the Corporation Counsel shall forthwith apply to the Supreme Court to punish such violation under § 750 of the Judiciary Law.
A.
Any provisions and procedures established herein may
be terminated by future resolutions of the Village Board. Termination of such
provisions and procedures shall become effective 60 days after the filing
with the New York State Public Employment Relations Board of a duly certified
copy of such resolution terminating the applicability of any of the provisions
and procedures herein.
B.
In the event of the termination of any of the provisions
and procedures set forth herein, public notice of the termination of any local
procedures involved shall be given at least 45 days prior to the effective
date of such termination by posting in a conspicuous place in the Village
Rooms, 110 Willett Avenue, Port Chester, New York, for not less than five
working days and inclusion in a public advertisement in a local newspaper
of general circulation for not less than one day.
C.
No amendment to this resolution shall be effective until
the New York State Public Employment Relations Board finds that the provisions
and procedures as amended are substantially equivalent to the provisions and
procedures as set forth in the Civil Service Law and the Rules and Procedures
of the New York State Public Employment Relations Board.
The provisions and procedures established herewith shall be submitted
for approval to the New York State Public Employment Relations Board, as provided
in § 212 of the Civil Service Law, as added by Chapter 392 of the
Laws of 1967, and if so approved, this resolution shall become effective immediately
upon such approval.
[Added 9-13-1971]
No managerial or confidential employee, as determined pursuant to § 47-2 of this act shall hold office in or be a member of any employee organization which is or seeks to become, pursuant to this act, the certified or recognized representative of the public employees employed by the Village of Port Chester of such managerial or confidential employee.
[Amended 9-13-1971]
A.
Orders of the Village of Port Chester Public Employment
Relations Board made pursuant to this act shall be deemed to be final against
all parties to its proceedings and persons who have had an opportunity to
be parties to its proceedings unless reversed or modified in proceedings for
enforcement or judicial review as hereinafter provided. Such orders shall
be reviewable under Article 78 of the Civil Practice Law and Rules upon petition
filed by an aggrieved party within 30 days after service by registered or
certified mail of a copy of such order upon such party, and enforceable in
a special proceeding, upon petition of such Board by the Supreme Court.
C.
If a proceeding by the Village of Port Chester Public
Employment Relations Board for enforcement of its order is instituted prior
to the expiration of the period within which a party may seek judicial review
of such order, the respondent may raise in his answer the questions authorized
to be raised by § 7803 of the Civil Practice Law and Rules and thereafter
the proceedings shall be governed by the provisions of Article 78 of the Civil
Practice Law and Rules that are not inconsistent herewith, except that if
an issue specified in Question 4 of § 7803 of the Civil Practice
Law and Rules is raised, the proceeding shall be transferred for disposition
to the Appellate Division of the Supreme Court. Where an issue specified in
Question 4 of § 7803 of the Civil Practice Law and Rules is raised,
either in a proceeding to enforce or review an order of the Board, the Appellate
Division of the Supreme Court, upon completion of proceedings before it, shall
remit a copy of its judgment or order to the court in which the proceeding
was commenced, which court shall have the power to compel compliance with
such judgment or order.
D.
In a proceeding to enforce or review an order of the
Board, the court shall have power to grant such temporary relief or restraining
order as it deems just and proper, and to make and enter a judgment or decree
enforcing, modifying and enforcing as so modified, or setting aside in whole
or in part the order of the Board.
E.
The failure to perform the duties required by § 47-l0B and C of this act and § 47-11 of this act shall be reviewable in a proceeding under Article 78 of the Civil Practice Law and Rules by any taxpayer, as defined in § 102 of the Civil Service Law of the State of New York. Any such taxpayer shall also have standing to institute any action described in Subdivisions 1 and 2 of § 102 of the Civil Service Law of the State of New York.
