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  5. 151 A.D.2d 168 (1989)
 

COUNTY OF NASSAU v. PERB.

151 A.D.2d 168 (1989)

County of Nassau, Petitioner, v. New York State Public Employment Relations Board et al., Respondents

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

November 6, 1989

Attorney(s) appearing for the Case

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

Pryor, Cashman, Sherman & Flynn (Richard M. Betheil of counsel), for Adjunct Faculty Association, respondent.

THOMPSON, J. P., and SULLIVAN, J., concur with BRACKEN, J.; BROWN, J., concurs in part and dissents in part in a separate opinion.

BRACKEN, J.

The respondent New York State Public Employment Relations Board (hereinafter PERB) has declared that the petitioner County of Nassau has engaged in an "improper employer practice" (see, Civil Service Law § 205 [5] [d]; § 209-a [1] [e]). This "improper employer practice" consists of the county's alleged refusal to continue to abide by a term of a collective bargaining agreement which...

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