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WEBSTER CENT. SCH. v. PERB

75 N.Y.2d 619 (1990)

In the Matter of Webster Central School District et al., Appellants, v. Public Employment Relations Board of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided May 1, 1990.

Attorney(s) appearing for the Case

Dennis T. Barrett, Daniel R. Mooney and Richard A. Dollinger for Webster Central School District and others, appellants.

Matthew R. Fletcher for Board of Cooperative Educational Services, First Supervisory District of Monroe County, appellant.

Sandra M. Nathan and John M. Crotty for Public Employment Relations Board of the State of New York, respondent.

Kevin H. Harren and Bernard F. Ashe for Gail Larson and others, respondents.

Robert E. Diaz and Robert Wright for Commissioner of Education, amicus curiae.

James P. Burns, III for Central New York BOCES Consortium, amicus curiae.

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

Warren H. Richmond for the Metro Area Boards of Cooperative Educational Services, amicus curiae.

Melvin H. Osterman, Jr. and Heather D. Diddel for the Capital District Boards of Cooperative Educational Services, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE and BELLACOSA concur; Judge HANCOCK, JR., taking no part.

KAYE, J.

In the statute permitting a Board of Cooperative Educational Services (BOCES) to offer academic summer school programs (Education Law § 1950 [4] [bb]), the Legislature clearly manifested its intention that school districts' decisions to participate in such cooperative educational programs not be subject to mandatory collective bargaining with teachers' unions. We therefore grant the school districts...

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