Kent v. Lefkowitz

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In 1996, New York State Racing and Wagering Board (the Racing Board) reduced per diem wages for its seasonal employees by twenty-five percent. The Public Employees Federation (PEF) filed an improper practice charge with the Public Employment Relations Board (PERB), alleging that the reduction in wages violated the Racing Board’s duty to negotiate in good faith under N.Y. Civ. Serv. 209-a(1)(d). PERB dismissed the improper practice charge. Petitioner, then president of PEF, subsequently brought this N.Y. C.P.L.R. 78 proceeding, asserting that PERB’s determination was arbitrary, capricious and contrary to law. Supreme Court dismissed the petition. The Appellate Division reversed, concluding that PERB’s determination was arbitrary and capricious. The Court of Appeals reversed, holding that PERB’s decision dismissing the improper practice charge was not affected by an error of law and was not arbitrary, capricious, or an abuse of discretion. View "Kent v. Lefkowitz" on Justia Law