Legal Opinion · Dissent

County of Erie v. Civil Service Employees Ass'n, Local 815

New York Court of Appeals

Decided October 25, 2012Published

1Dissent

Ciparick, J. (dissenting).

Because I believe section 3-300 of the Election Law does not preclude the County of Erie (the County) and the Civil Service Employees Association, Local 815 (CSEA) from negotiating the terms of overtime compensation for unnamed employees of the Erie County Board of Elections (the Board) in a collective bargaining agreement (CBA), I respectfully dissent.

Election Law § 3-300, titled “Board employees; appointment,” provides:

“[e]very board of elections shall appoint, and at its pleasure remove, clerks, voting machine technicians, custodians and other employees, fix their…

2Cases cited2 opinions

  1. County of Chautauqua v. Chautauqua County Employees' Unit 6300 of Local 807 of the Civil Service Employees' Ass'nAppellate Division of the Supreme Court of the State of New York · 1992
  2. Board of Elections v. O'RourkeAppellate Division of the Supreme Court of the State of New York · 1994

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