Sisulu-Walker Charter School of Harlem v. NYS Public Employment Relations Board

Education Law

New York Law Journal


Justice Joan Lobis

The Sisulu-Walker Charter School sought to annul a final decision by the New York State Public Employment Relations Board (PERB) upholding an administrative law judge's (ALJ) determination that a petition for unit representation submitted by the United Federation of Teachers was not overly broad. The school challenged the decision, arguing it was based on erroneous law and was arbitrary. The union filed a petition proposing to include certain employment titles in the collective bargaining unit. The school argued the employees holding these titles who participated on the School Leadership Team were managerial and/or confidential employees and were exempt from inclusion in the proposed bargaining unit. An ALJ found the challenged employees were neither managerial nor confidential, and were properly included in the proposed unit, holding for the UFT. PERB denied the school's filing of exceptions to the determination. The court found PERB's denial of the exceptions was neither affected by an error of law nor arbitrary. It ruled the challenged employees were neither confidential nor managerial as those terms are defined under Civil Service Law §201.7(a).

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