Fashion Institute of Technology v. New York State Public Employment Relations Board

The standard of review here is whether there is substantial evidence to support respondent Board’s determination (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). The standard was met by evidence showing that the practice of computing day adjuncts’ pay per semester on the basis of 16 weeks is subject to collective bargaining (see Civil Service Law § 201 [4]; § 204 [2]), that the practice “was unequivocal and was continued uninterrupted for a period of time under the circumstances to create a reasonable expectation among the affected unit employees that the…