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NEWARK VAL. CENT DIST v. PERB

83 N.Y.2d 315 (1994)

632 N.E.2d 443

610 N.Y.S.2d 134

In the Matter of Newark Valley Central School District, Appellant, v. Public Employment Relations Board et al., Respondents.

Court of Appeals of the State of New York.

Decided March 24, 1994.

Attorney(s) appearing for the Case

Hogan & Sarzynski, Binghamton (John P. Lynch and John B. Hogan of counsel), for appellant.

David P. Quinn, Albany, and Ernest F. Hart for Public Employment Relations Board, respondent.

Ivor R. Moskowitz, Albany, Bernard F. Ashe and Rocco A. Solimando for Newark Valley Cardinal Bus Drivers, NYSUT/AFT/AFL-CIO, Local 4360, respondent.

Jay Worona, Albany, and Joseph B. Porter for New York State School Boards Association, Inc., amicus curiae.

Judges SIMONS, BELLACOSA, SMITH and CIPARICK concur; Judges TITONE and LEVINE taking no part.

Chief Judge KAYE.

The issue before us is whether a ban on smoking by school bus drivers when no students are on board should have been collectively bargained, as a term or condition of employment, or was preempted by statute or policy and therefore properly adopted by the school district unilaterally. We conclude, as did the Appellate Division, that the matter was subject to collective bargaining.

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