MATTER OF TOWN OF CARMEL POLICE BENEVOLENT ASSOCIATION, INC. v. PUBLIC EMPLOYMENT RELATIONS BOARD OF THE STATE OF NEW YORK


267 A.D.2d 858 (1999)

701 N.Y.S.2d 169

In the Matter of TOWN OF CARMEL POLICE BENEVOLENT ASSOCIATION, INC., Petitioner, v. PUBLIC EMPLOYMENT RELATIONS BOARD OF THE STATE OF NEW YORK et al., Respondents.

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

Decided December 23, 1999.


Mikoll, J.

The issue presented in this proceeding is whether the decision by respondent Public Employment Relations Board (hereinafter PERB) that respondent Town of Carmel's alteration of the early vacation procedure was a nonmandatory subject of bargaining is arbitrary and capricious, affected by an error of law and against the substantial weight of the evidence.

The procedures which were in effect for vacations allowed petitioner's unit members to exercise...

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