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MTR OF COUNTY OF NASSAU v. PERB

103 A.D.2d 274 (1984)

In the Matter of County of Nassau, Petitioner, v. State of New York Public Employment Relations Board, Respondent, and Nassau Chapter Civil Service Employees Association, Local 830, A.F.S.C.M.E., Local 1000, AFL-CIO, Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 17, 1984

Attorney(s) appearing for the Case

Bee & DeAngelis (Peter A. Bee of counsel), for petitioner.

Martin L. Barr (Jerome Thier of counsel), for respondent.

GIBBONS, J. P., BROWN, NIEHOFF and BOYERS, JJ., concur.

Per Curiam.

The principal question to be answered here is whether the record contains substantial evidence to support the determination of the Public Employment Relations Board (PERB) that the petitioner committed an improper labor practice when it exercised its contractual right to order a shift in working hours for its probation officers following the filing of a grievance on behalf of the officers pursuant to which they sought overtime payment for overtime...

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