Newark Valley Central School District v. Public Employment Relations Board

OPINION OF THE COURT

Harvey, J.

In February 1990 petitioner established a smoking policy, which became effective in March 1990, that was designed to promote the general policy against smoking in the open areas of schools embodied in Public Health Law § 1399-0 (2) (a). Among the provisions of this policy was a ban on smoking by bus drivers on petitioner’s school buses regardless of whether students were present.1 In enacting the complete ban on smoking on school buses, petitioner did not negotiate with respondent Newark Valley Cardinal Bus Drivers, NYSUT/ AFT/AFL-CIO, Local 4360 (hereinafter the…