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In January 1991, the petitioner filed an improper practice charge with the respondent, alleging the City of Glens Falls unilaterally altered its policy regarding credit for prior police service when calculating retirement eligibility. An Administrative Law Judge (ALJ) initially found for the petitioner, but the respondent, the Public Employment Relations Board (PERB), dismissed the charge. PERB concluded it lacked jurisdiction under Civil Service Law § 205 (5) (d) because the dispute stemmed from an alleged oral agreement, and PERB cannot adjudicate violations of agreements. The petitioner then initiated a CPLR article 78 proceeding, which was transferred to the Appellate Division. The Court confirmed PERB's determination, upholding that oral agreements fall within the statutory exclusion from PERB's jurisdiction, and dismissed the petition.
Glens Falls Police Benevolent Ass'n v. New York State Public Employment Relations Board is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
In January 1991, the petitioner filed an improper practice charge with the respondent, alleging the City of Glens Falls unilaterally altered its policy regarding credit for prior police service when calculating retirement eligibility. An Administrative Law Judge (ALJ) initially found for the petitioner, but the respondent, the Public Employment Relations Board (PERB), dismissed the charge. PERB concluded it lacked jurisdiction under Civil Service Law § 205 (5) (d) because the dispute stemmed from an alleged oral agreement, and PERB cannot adjudicate violations of agreements. The petitioner then initiated a CPLR article 78 proceeding, which was transferred to the Appellate Division. The Court confirmed PERB's determination, upholding that oral agreements fall within the statutory exclusion from PERB's jurisdiction, and dismissed the petition.
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