PERB
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What is PERB? How can it help me?
The Public Employment Relations Board (PERB) was created by the Public Employees’ Fair Employment Act of 1967, commonly referred to as the Taylor Law. PERB’s mission includes: the impartial application and enforcement of the Act; the prevention of strikes, protecting the delivery of services to constituents; the protection of the rights of public employees to organize without interference or detriment; the determination of appropriate bargaining units and the direction of the process of representative selection; and issuance of determinations on charges of improper employment practices. The agency also has the statutory responsibility to provide impasse resolution services. Effective July 2010, PERB’s mission was broadened to encompass administration of the New York State Employment Relations Act (“SERA”).
As a member of a Union in the State of New York, you have the right to proper and adequate representation by your Union (UFT) and to be free of retaliation by your employer (DOE) while exercising your union rights.
If you feel these rights and representations have been violated, you may be able to file an Improper Practice Charge (IPC) against either party.
Example: You have had Highly Effective/Effective/Satisfactory ratings for years. You now
– become Chapter Leader
– grieve a program
– become Union-active (join Consultation Committee)
– sign a “No Confidence” petition against your principal
You are now suddenly harassed and/or issued an Annual Professional Performance Review (APPR) rating of Ineffective/Developing/Unsatisfactory.
You can file an IPC with detailed accounts.
You may have adverse employment actions remedied after there has been a formal hearing.
To file an IPC, fill out these two pages:
https://perb.ny.gov/wp-content/uploads/2020/01/ipcharge.pdf
Attach additional pages if necessary.
Print a hard copy of the completed form.
Get it signed, dated, and notarized.
Follow the instructions in the box at the top of page 1 of the completed form.
The signed, notarized original and four copies have to be sent to the listed address via postal mail.
You can also file an IPC against your Union for breach of its duty of fair representation.
Example: You have been contacting your Union about harassment at work. They have been ignoring you. They don’t file a special harassment grievance and you feel their decision is arbitrary and capricious. You feel that you are not being properly represented. You can file an IPC.
When filling out the form against your employer, you should check off 209-a.1(a) and 209-a.1(c) within Section 4.
How did Francesco Portelos’ 2017 PERB win, and PERB’s 2019 court win, help all UFT members?
Union members win and lose cases all the time. From Federal lawsuits to State lawsuits to grievances and arbitrations, the courts and administrative agencies are full of hearings. Sometimes members find themselves with a nice settlement.
But what if you don’t have to go there? What if, for the first time, in a long time, an abusive administrator would think twice before attacking a unionized subordinate — all because they do not want their names plastered in every school building, emailed to every employee, and published in PERB Reports. That right there is the key difference and connection to Francesco Portelos’ 2017 PERB win. Not only did he win, but, in 2019, Hon. Justice Christina L. Ryba of the NYS Supreme Court, Albany County, made the DOE self-shame by posting the loss in every school and District Office and email it out. For more information read these stories:
https://nypost.com/2020/01/11/rubber-room-teacher-wins-fight-against-rampant-doe-retaliation
How do I file an Improper Practice Charge on my own?
What is the Mulvey PERB Decision?
PERB didn’t order DOE to publicize the Mulvey decision Citywide, but only a notice to the staff of Lehman High School. Nonetheless, it’s a good decision.
I need help filing!
If you need help filing an Improper Practice Charge, Bryan Glass is one lawyer to consider contacting. His rates are very reasonable. Click here to get connected- Teacher’s Lawyer | GHNY Law
FAQs on Improper Practice Charges
Q: What is an improper practice?
A: Section 209-a.1 (a) through (f) of the Taylor Law identifies improper employer practices. Section 209-a.2 (a), (b) and (c) of the Act sets forth improper employee organization practices. (Click Here to Read Section)
Q: How is a complaint made that an improper practice has occurred?
A: An original and four copies of an improper practice charge, on PERB’s form, must be filed with the Director of Public Employment Practices and Representation. See Part 204 of the Rules of Procedure for the filing requirements.
Q: When must such charge be filed?
A: An improper practice charge must be filed within four months of the alleged misconduct.
Q: What constitutes filing?
A: Section 200.10 of the Rules defines filing as delivery to the Board or the act of mailing or the deposit of the papers in the custody of an overnight delivery service. Parties are not authorized to file pleadings with PERB by facsimile.
Q: How are improper practice charges initially processed?
A: The Director reviews the charge to determine whether the facts alleged may constitute a violation of the Act and whether the charge is timely. If the charge is deficient, the charging party is given an opportunity to either amend the charge, if it can be amended, or withdraw it if it cannot.
Q: How is the case processed after the initial review by the Director?
A: The charge is assigned to an Administrative Law Judge (ALJ) to conduct a conference for the purpose of clarifying, limiting and resolving the issues. If the charge is not resolved at the conference, the matter is reassigned to a different ALJ for the issuance of the decision. That ALJ may either conduct a hearing or decide the matter on a stipulated record.
Q: What kind of hearing is conducted?
A: Although a lawyer is not required, each party may be represented and is afforded the right to examine and cross-examine witnesses. The technical rules of evidence do not apply.
Q: What if a party does not appear at the conference or hearing?
A: Failure of a party to appear at either the conference or hearing may result in dismissal of that party’s pleading.
Q: Can a witness be compelled to attend a hearing or to bring documents to a hearing?
A: It is a party’s burden to call witnesses and produce evidence in support of its case. Part 211 of the Rules of Procedure governs requests for subpoenas in the event that witnesses have advised that they would not appear voluntarily or voluntarily produce documents.
Q: What happens after the hearing?
A: The ALJ may ask the parties or the parties may ask to file legal briefs. Thereafter, the ALJ issues a decision. The parties may then appeal that decision to the Board.
Q: My union violated its internal election procedures. Can PERB help me?
A: This agency generally lacks jurisdiction concerning internal union affairs.
Q: The employer is not following a particular provision of the collective bargaining agreement. Is that an improper practice?
A: No. Alleged breaches of agreement are not improper practices. PERB lacks jurisdiction over claimed breaches of agreements.
Q: My union is not processing my grievance. Is that improper?
A: A union is not required to process every grievance presented by an employee. There is no violation so long as the union’s decision-making is not arbitrary, discriminatory or in bad faith.
