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PROFESSIONAL STAFF v. PERB

7 N.Y.3d 458 (2006)

857 N.E.2d 1108

824 N.Y.S.2d 577

In the Matter of PROFESSIONAL STAFF CONGRESS-CITY UNIVERSITY OF NEW YORK, Respondent, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Appellants.

Court of Appeals of New York.

Decided October 17, 2006.

Attorney(s) appearing for the Case

Sandra M. Nathan, Albany, and William L Busler for New York State Public Employment Relations Board, appellant.

Eliot Spitzer, Attorney General, New York City (Robert Easton, Richard Dearing, Caitlin Halligan and Jean Lin of counsel), Frederick P. Schaffer and Katherine Raymond for City University of New York, appellant.

Schwartz, Lichten & Bright, P.C., New York City (Stuart Lichten of counsel), for respondent.

James R. Sandner, Latham, and Marilyn S. Dymond for New York State United Teachers, amicus curiae.

Greenberg Burzichelli & Greenberg P.C., Lake Success (Harry Greenberg of counsel), Eddie M. Demmings, New York City, and Mary J. O'Connell for Municipal Labor Committee, amicus curiae.

Michael A. Cardozo, Corporation Counsel, New York City (Georgia Pestana of counsel), for City of New York, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, READ and R.S. SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

GRAFFEO, J.

In this CPLR article 78 proceeding, the issue is whether the Public Employment Relations Board (PERB) abused its discretion when, in dismissing an improper practice charge brought by a union, it concluded that the union's waiver of the right to negotiate certain subjects remained in effect after expiration of the parties' collective bargaining agreement.

Petitioner...

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