THE TRANSFER OF UNIT WORK: THE DUTY TO BARGAIN IN NEW YORK STATE PUBLIC AGENCIES

IRVING PERLMAN

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DOI: 10.2190/85Y7-C0FJ-HEK9-W4G5

Abstract

This article analyzes a series of decision by New York Public Employment Relations Board on the issue of whether outsourcing work to an outside contractor or a different internal department constitutes a violation of the agency's "duty to bargain," as prescribed by law. Two main elements are cited in the decisions as determining factors: 1) the nature and similarity of the work, and 2) whether the work had previously been done exclusively by bargaining-unit members. The "balancing test," which weighs the interests of the employer against those of the employees, and the "compelling need defense" are also covered in this article.

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