Westchester County Department of Public Safety Police Benevolent Ass'n v. New York State Public Employment Relations Board

Petitioner filed an improper practice charge with respondent Public Employment Relations Board (hereinafter PERB) alleging that respondent County of Westchester had refused to negotiate an issue in violation of Civil Service Law § 209-a (1) (d). Based upon PERB’s earlier finding — affirmed by us in Matter of Westchester County Police Officer’s Benevolent Assn. v Public Empl. Relations Bd. (301 AD2d 850, 851 [2003]) — that the “maintenance of standards” clause in the governing collective bargaining agreement (hereinafter CBA) provided petitioner with a reasonably arguable right to submit the…