VESTAL EMPLS. ASSN. v. PERB


94 N.Y.2d 409 (2000)

727 N.E.2d 122

705 N.Y.S.2d 564

In the Matter of VESTAL EMPLOYEES ASSOCIATION, NEA/NY, NEA, Respondent, v. PUBLIC EMPLOYMENT RELATIONS BOARD OF THE STATE OF NEW YORK, Respondent, and VESTAL CENTRAL SCHOOL DISTRICT, Appellant.

Court of Appeals of the State of New York.

Decided February 24, 2000.


Attorney(s) appearing for the Case

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

Harold G. Beyer, Jr., Albany, and Janet Axelrod for Vestal Employees Association, NEA/NY, NEA, respondent.

Gary Johnson, Albany, for Public Employment Relations Board of the State of New York, respondent.

Jay Worona, Albany, and Patricia H. Gould for New York State School Boards Association, Inc., amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.


OPINION OF THE COURT

WESLEY, J.

In Matter of Webster Cent. School Dist. v Public Empl. Relations Bd. (75 N.Y.2d 619), this Court determined that Education Law § 1950 (4) (bb) permits school districts to substitute participation in a Board of Cooperative Educational Services (BOCES) summer school program for its own program without undertaking collective bargaining with their teachers' unions. We are now called...

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