Evans v. Public Employment Relations Board

opinion of the court

Lawrence E. Kahn, J.

In this article 78 proceeding, petitioner seeks a judgment vacating the Public Employment Relations Board’s (PERB) order dated December 18, 1981, which dismissed petitioner’s application to designate the positions of law clerk and law assistant as managerial or confidential.

In 1977, petitioner sought to designate persons holding certain positions of law clerks and law assistants as managerial or confidential. A determination in petitioner’s favor would necessarily result in the removal of persons in these classifications from the collective bargaining…