Legal Opinion
Newark Valley Central School District v. Public Employment Relations Board
New York Court of Appeals
Decided March 24, 1994PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
The issue before us is whether a ban on smoking by school bus drivers when no students are on board should have been collectively bargained, as a term or condition of employment, or was preempted by statute or policy and therefore properly adopted by the school district unilaterally. We conclude, as did the Appellate Division, that the matter was subject to collective bargaining.
I
In early 1990, appellant Newark Valley Central School District adopted a smoking ban designed to promote the general policy against smoking in open areas of schools "[i]n…
2Cases cited5 opinions
- West Irondequoit Teachers Ass'n v. HelsbyNew York Court of Appeals · 1974
- Rosen v. Public Employment Relations BoardNew York Court of Appeals · 1988
- Board of Education of City School District v. New York State Public Employment Relations BoardNew York Court of Appeals · 1990
- City School District of Elmira v. New York State Public Employment Relations BoardNew York Court of Appeals · 1989
- Rush-Henrietta Central School District v. NewmanAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by23 opinions
- City of Watertown v. State of New York Public Employment Relations BoardNew York Court of Appeals · 2000
- Lippman v. Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1999
- Colon v. Rent-A-Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- City of Tucson v. GrezaffiCourt of Appeals of Arizona · 2001
- County of Suffolk v. First American Real Estate SolutionsCourt of Appeals for the Second Circuit · 2001
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