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MTR. OF BD. OF EDUC. v. PERB

197 A.D.2d 276 (1994)

In the Matter of Board of Education of the Union-Endicott Central School District, Respondent, v. New York State Public Employment Relations Board et al., Appellants

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

May 5, 1994

Attorney(s) appearing for the Case

Ernest F. Hart, Albany (David P. Quinn of counsel), for New York State Public Employment Relations Board, appellant.

Bernard F. Ashe, Albany (Ivor R. Moskowitz of counsel), for Union-Endicott Maintenance Workers' Association, appellant.

Coughlin & Gerhart, Binghamton (Frank W. Miller of counsel), for respondent.

Jay Worona, Albany (Joseph B. Porter of counsel), for New York State School Boards Association, Inc., amicus curiae.

Nancy E. Hoffman, Albany (Jerome Lefkowitz of counsel), for Civil Service Employees Association, Inc., amicus curiae.

MIKOLL, J. P., MERCURE and YESAWICH JR., JJ., concur.

PETERS, J.

Petitioner advised respondent Union-Endicott Maintenance Workers' Association (hereinafter Association) that it was unilaterally changing the work schedule of its members. As a result thereof, the Association filed an improper practice charge with respondent Public Employment Relations Board (hereinafter PERB) alleging that petitioner's unilateral change...

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