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MATTER OF ROMA v. RUFFO

92 N.Y.2d 489 (1998)

705 N.E.2d 1186

683 N.Y.S.2d 145

In the Matter of Lois Roma et al., Appellants, v. Sandra Ruffo, as President of the Board of Education of the Susquehanna Valley Central School District, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 18, 1998.

Attorney(s) appearing for the Case

Aswad & Ingraham, Binghamton (Richard N. Aswad and William M. Thomas of counsel), and Janet Axelrod for appellants.

Ferrara, Fiorenza, Larrison, Barrett & Reitz, P. C., East Syracuse (Frank W. Miller and Marina L.C. Bottone of counsel), for respondents.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

The primary issue on this appeal is whether a complaint of a public employer's unilateral change in a term and condition of employment that is expressly covered by its collective bargaining agreement (CBA) with an employee organization lies within the exclusive jurisdiction of the State Public Employment Relations Board (PERB), or may be resolved through the grievance procedures of the CBA.

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