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  5. 74 N.Y.2d 395 (1989)
 

ELMIRA SCH. DIST. v. PERB

74 N.Y.2d 395 (1989)

In the Matter of City School District of City of Elmira, Respondent, v. New York State Public Employment Relations Board et al., Appellants.

Court of Appeals of the State of New York.

Decided October 24, 1989.

Attorney(s) appearing for the Case

Ivor R. Moskowitz, Bernard F. Ashe and Rocco A. Solimando for Elmira Teachers Association, appellant.

John Crotty, Martin L. Barr and Jerome Thier for New York State Public Employment Relations Board, appellant.

Edward B. Hoffman and Cynthia S. Hutchinson for respondent.

Norman H. Gross and Henry F. Sobota for the New York State School Boards Association, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER and TITONE concur with Judge HANCOCK, JR.; Judge BELLACOSA dissents and votes to reverse in a separate opinion in which Judge KAYE concurs.

HANCOCK, JR., J.

Under Education Law § 3602 (27), a school district may, upon application, become eligible to receive an apportionment of Excellence in Teaching (EIT) aid, to be used solely to improve teachers' salaries. The question in this appeal is whether a school district may be compelled pursuant to the Taylor Law (Civil Service Law art 14) to bargain with the teachers' union over its decision whether...

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