Civil Serv. Emps. Ass'n Inc. v. N.Y.S. Pub. Emp't Relations Bd., 908328-21

CourtUnited States State Supreme Court (New York)
Writing for the CourtChristina L. Ryba, J.
Citation73 Misc.3d 643,155 N.Y.S.3d 296
Docket Number908328-21
Decision Date24 September 2021
Parties In the Matter of the Application of CIVIL SERVICE EMPLOYEES ASSOCIATION INC., LOCAL 1000, AFSCME, AFL-CIO, Petitioner, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, Necessary Party, and New York State (Unified Court System), Respondent.

73 Misc.3d 643
155 N.Y.S.3d 296

In the Matter of the Application of CIVIL SERVICE EMPLOYEES ASSOCIATION INC., LOCAL 1000, AFSCME, AFL-CIO, Petitioner,
v.
NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, Necessary Party, and New York State (Unified Court System), Respondent.

908328-21

Supreme Court, Albany County, New York.

Decided on September 24, 2021


155 N.Y.S.3d 297

Daren J. Rylewicz, Esq., For Petitioner, Steven M. Klein, of counsel, Civil Service Employees Association Inc., Box 7125, Capitol Station, 143 Washington Avenue, Albany, New York 12224

Anthony Perry, Esq. and Lisa Evans, Esq., For Respondent, Office of Court Administration, 25 Beaver Street, 7th Floor, New York, NY 10004

Michael Fois, Esq., For New York State Public Employment Relations Board, Empire State Plaza, Building 2, 20th Floor, Albany, New York 12220-0074

Christina L. Ryba, J.

73 Misc.3d 644

On September 3, 2021, petitioner Civil Service Employees Association Inc., Local 1000, AFSCME, AFL—CIO (hereinafter CSEA), the bargaining unit for certain non-judicial employees of respondent New York State Unified Court System (hereinafter UCS), filed an improper practice charge against UCS alleging that its unilateral implementation of a mandatory COVID-19 vaccination requirement without

155 N.Y.S.3d 298

proper negotiation with CSEA violated its collective bargaining obligations under Civil Service Law § 209-a (1) (d). Given the impending September 27, 2021 effective date of the mandatory vaccination requirement, CSEA sought injunctive relief from the New York State Public Employment Board (hereinafter PERB) pending a decision on the improper practice charge. In a determination dated September 13, 2021, PERB found reasonable cause to believe that UCS's unilateral implementation of the mandatory vaccination requirement was an improper practice and that immediate and irreparable injury would occur absent an injunction. Accordingly, PERB authorized CSEA to commence the instant proceeding pursuant to Civil Service Law § 209-a (4) for injunctive relief enjoining and restraining UCS from implementing the mandatory vaccination requirement until PERB is able to issue a decision on the merits of the underlying improper practice charge. The matter is presently

73 Misc.3d 645

before the Court as Acting Part 1 Justice for consideration of CSEA's application for temporary injunctive relief enjoining USC from implementing the mandatory vaccination requirement -- which is scheduled to commence on September 27, 2021 -- pending the outcome of the underlying improper practice charge filed with PERB. The Court conducted oral argument on the request for temporary injunctive relief with counsel for all parties via Teams on September 23, 2021, and the matter is now ripe for determination.

Pursuant to Civil Service Law § 209—a (4), a party may file an improper employer practice charge to petition the Court for injunctive relief where PERB finds "that (i) there is reasonable cause to believe an improper practice has occurred, and (ii) where it appears that immediate and irreparable injury, loss, or damage will result thereby rendering a resulting judgment on the merits ineffectual necessitating maintenance of, or return to, the status quo to provide meaningful relief". When such a petition is filed, Civil Service Law § 209-a (4) (d) permits the Court to grant the necessary injunctive relief pending the determination of the underlying improper practice charge upon a finding "that there is reasonable cause to believe an improper practice has occurred and that it appears that immediate and irreparable injury, loss or damage will result thereby rendering a resulting judgment on the merits ineffectual necessitating maintenance of, or return to, the status quo to provide meaningful relief." Civil Service Law § 209-a (4) (d) further provides that "[s]uch relief shall expire on decision by an administrative law judge finding no improper practice to have occurred, successful appeal or motion by respondent to vacate or modify pursuant to the provisions of the civil practice law and rules, or subsequent finding by the board that no improper practice had occurred."

Here, the mandatory vaccination requirement that forms the basis of CSEA's...

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1 practice notes
  • LaSalle v. 1777 GC LLC, Index No. 19689/2019
    • United States
    • New York Civil Court
    • 24 Settembre 2021
    ..., 147 A.D.3d 697, 48 N.Y.S.3d 134 [1st Dept. 2017] ) (paralegal worked for both sides and arguably had obtained confidential knowledge)).155 N.Y.S.3d 29673 Misc.3d 596 Thus, these Rules of Professional Conduct apply to non-attorneys where the employee is privy to confidential information an......
1 cases
  • LaSalle v. 1777 GC LLC, Index No. 19689/2019
    • United States
    • New York Civil Court
    • 24 Settembre 2021
    ..., 147 A.D.3d 697, 48 N.Y.S.3d 134 [1st Dept. 2017] ) (paralegal worked for both sides and arguably had obtained confidential knowledge)).155 N.Y.S.3d 29673 Misc.3d 596 Thus, these Rules of Professional Conduct apply to non-attorneys where the employee is privy to confidential information an......

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