Town of Mamaroneck PBA, Inc. v. New York State Public Employment Relations Bd.
| Decision Date | 22 October 1985 |
| Citation | 487 N.E.2d 905,66 N.Y.2d 722,496 N.Y.S.2d 995 |
| Parties | , 487 N.E.2d 905 In the Matter of the TOWN OF MAMARONECK PBA, INC., Appellant, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 107 A.D.2d 699, 484 N.Y.S.2d 53, should be reversed, with costs, the petition granted and the determination of the Public Employment Relations Board annulled.
Although as the agency charged with implementing the policies of the Taylor Law (Civil Service Law § 200 ff), the Public Employment Relations Board is presumed to have developed an expertise which requires us to accept its construction of that law if not unreasonable (Matter of Incorporated Vil. of Lynbrook v. State Public Employment Relations Bd., 48 N.Y.2d 398, 404, 423 N.Y.S.2d 466, 399 N.E.2d 55), with respect to the interpretation of other laws where "the question is one of pure statutory reading and analysis, dependent only on accurate apprehension of legislative intent," its interpretations need not be accorded such deference (Kurcsics v. Merchants Mut. Ins. Co., 49 N.Y.2d 451, 459, 426 N.Y.S.2d 454, 403 N.E.2d 159).
Here we must interpret Town Law § 153, and essentially the same language contained in the Laws of 1936 (ch. 104, § 5) which governs Westchester County Police Departments. Town Law § 153 provides that upon transfer from one town police department to another town or village police department in the same county, the police force member "transferred shall receive credit with the department to which he is transferred for time served on the police force or in the department of any village or town within the same county, as though the full time had been served with the department to which he has been transferred, for purposes of seniority, promotion, pensions and general administration."
There can be no question that transfer credit includes longevity increments (Syracuse Teachers Assn. v. Board of Educ., 35 N.Y.2d 743, 744, 361 N.Y.S.2d 912, 320 N.E.2d 646; see, Matter of Union Free School Dist. No. 2 v. Nyquist, 38 N.Y.2d 137, 142, 379 N.Y.S.2d 10, 341 N.E.2d 532) and that, therefore, in the face of a statute providing that any year of transfer credit shall be counted as a year of service, longevity credit is not subject to arbitration or collective...
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