New York City’s Department of Education may not cut back on the number of parking spots it allots to school custodians as part of a pollution-reduction plan without getting their union to accede to changes through collective bargaining, an appeals court has determined. Free parking for the workers is a “term and condition of employment” and a mandatory subject of collective bargaining that cannot be unilaterally changed by the employer, the Appellate Division, Third Department, concluded yesterday in Matter of City of New York v. New York State Public Employment Relations Board, 514855.
Justices William McCarthy (See Profile), Robert Rose (See Profile), John Lahtinen (See Profile), E. Michael Kavanagh (See Profile) and Edward Spain (See Profile) joined in the ruling, which affirmed a finding by the New York State Public Employment Relations Board in a challenge to the parking pass system the city has for decades provided to school workers. Changes instituted in 2008 by the Bloomberg administration to cut traffic, pollution and misuse of school parking permits were challenged before the board by Local 891 of the International Union of Operating Engineers, AFL-CIO.
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