Public Employees Federation v. New York State Public Employment Relations Board

Mikoll, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Public Employment Relations Board which found that respondent State Department of Health had not committed an improper employer practice.

The issues to be resolved are twofold: (1) whether the past practice by respondent State Department of Health (hereinafter DOH) of granting employee release time to attend the annual office picnic without charging accrual time was an established past practice, and (2) whether DOH’s…