MATTER OF ONONDAGA-CORTLAND-MADISON BD. OF COOP. EDUC. SERVS. v. KINSELLA


198 A.D.2d 824 (1993)

604 N.Y.S.2d 401

In the Matter of Onondaga-Cortland-Madison Board of Cooperative Educational Services, Petitioner, v. Pauline R. Kinsella et al., Constituting The Public Employment Relations Board of the State of New York, Respondents

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

November 19, 1993


Determination unanimously modified on the law and as modified confirmed without costs in accordance with the following Memorandum: It was error for Public Employment Relations Board (PERB) to find that the newly represented job titles created in June 1990 were covered by the agency shop provision in the 1989 Collective Bargaining Agreement. PERB exceeded its jurisdiction by engaging in the interpretation and construction of the agreement (see, Civil Service Law §...

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