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BOCES v. PERB

41 N.Y.2d 753 (1977)

In the Matter of the Board of Cooperative Educational Services of Rockland County, Respondent-Appellant, v. New York State Public Employment Relations Board et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided May 12, 1977.

Attorney(s) appearing for the Case

Martin L. Barr, Anthony Cagliostro and Jerome Thier, Albany, for New York State Public Employment Relations Board, appellant-respondent.

David N. Stein and James R. Sandner, New York City, for BOCES Staff Council and another, appellants-respondents.

James K. Riley, Pearl River, for respondent-appellant.

Stanley B. Hinman, Jr., Scotia, for New York State School Boards Association, Inc., amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

We hold that, after the expiration of an employment agreement, it is not a violation of a public employer's duty to negotiate in good faith to discontinue during the negotiations for a new agreement the payment of automatic annual salary increments, however long standing the practice of paying such increments may have been. Accordingly, it was error for the Public Employment Relations Board (PERB) to...

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