Professional Staff Congress-City University of New York v. New York State Public Employment Relations Board et al.

Summary

The New York Court of Appeals held that a collective bargaining agreement provision waiving the union's right to negotiate certain policies remained effective after the agreement expired while the parties negotiated a successor agreement. The court deferred to PERB's determination that the waiver formed part of the status quo under Civil Service Law § 209-a (1) (e), and therefore CUNY's refusal to negotiate changes to its intellectual property policy was not an improper practice. The court reversed the Appellate Division and dismissed the petition.

Holdings

1. Article 2 clearly and unambiguously waived PSC's right to demand collective bargaining concerning matters not addressed in the CBA, including CUNY's intellectual property policy.
2. The article 2 waiver remained in effect during the status quo period after expiration of the CBA while the parties negotiated a successor agreement.
3. PERB did not abuse its discretion; CUNY's reliance on the continuing article 2 waiver was not an improper practice, and PERB's determination was reinstated.

Questions Presented

1. Whether article 2 of the parties' collective bargaining agreement clearly and unmistakably waived PSC's right to demand bargaining over CUNY's intellectual property policy.
2. Whether the article 2 waiver continued in effect after expiration of the collective bargaining agreement during the period in which the parties negotiated a successor agreement.
3. Whether PERB abused its discretion in determining that CUNY's reliance on the continuing waiver did not constitute an improper practice under Civil Service Law § 209-a (1) (d).

Disposition

reversed