State v. Public Employment Relations Board

Casey and Yesawich, Jr., JJ.,

dissent and vote to affirm in the following memorandum by Yesawich, Jr., J. Yesawich, Jr., J. (dissenting). We respectfully dissent. Except for orders relating to its power to define the appropriate employer-employee negotiating units and ascertainment of the employees’ choice of representative, orders of the Public Employment Relations Board (PERB) are deemed to be final and reviewable (see, Civil Service Law § 207 [1], [2]; § 213 [a]). The reason underlying these exceptions is that a review of such questions may be mooted by an election (Matter of Civil Serv.…