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Primer on the Public Employment Relations Board

ANTHONY DESTEFANO | STAFF WRITER

December 22, 2005

Richard Curreri, the board's director of conciliation services, is meeting with the MTA and TWU Local 100 officials.

What does the board do?
It was created in 1967 under the Taylor Law to administer state public employment labor relations for police, firefighters, teachers, transit workers and others. It helps settle labor disputes through mediation and arbitration. It also adjudicates cases of improper practices.

How large is the board?

It has three members, all appointed by the governor and confirmed by the senate. Not more than two members can be of the same political party. The current chairman is Richard Cuevas, with John T. Mitchell as the other member. Both are Republicans. The third board member position is vacant. The agency has about 35 employees statewide, with offices in Albany, Brooklyn and Buffalo.

How active is the board?
In the fiscal 2004-'05 period, PERB helped settle 385 contract disputes involving public employees. It also helped settle 715 cases of improper practices.

How often has the board been involved in settling strikes?
Not that often. The transit strike is the first work stoppage involving PERB since fiscal 2002-'03. In the 1990s, PERB was involved in settling strikes by teachers in Yonkers. PERB mediators are involved in the transit strike.

How often does PERB get involved in mediation of labor disputes?
In the fiscal 2004-'05 period, the agency settled more than 300 matters through mediation.

If mediations fails in the transit strike, what happens next?
If PERB finds that an impasse exists, it can impose "interest arbitration." The MTA and TWU each pick an arbitrator and agree on a third. The panel is not controlled by PERB and can take testimony and even order further negotiations. A majority of the panel can issue a binding decision subjected to limited appeal to the courts.

Source: PERB and interviews