Negotiating under the Taylor Law in joint employment relationship

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Negotiating under the Taylor Law in joint employmentrelationship
Negotiating under the Taylor Law in joint employmentrelationshipMatter of the County of Erie, 44 PERB ¶3027, U-28856
The Board affirmed, as modified, a decision of a PERBAdministrative Law Judge finding that the County of Erie violated §209-a.1(d)of the Public Employees’ Fair Employment Act when it refused to execute memorandaof agreement negotiated and signed by CSEA and the Erie County Medical CenterCorporation.
The Board reiterated that Public Authorities Law §§3629 and3630 demonstrate a clear legislative intent to create a statutory jointemployment relationship between the County and ECMCC, but with uniquecharacteristics distinct from those of other joint employers designated underthe Act.
The Board held that the County violated §209-a.1(d) of theAct by failing to sign the agreements because the County had previouslyacquiesced in ECMCC conducting separate direct negotiations with CSEA resultingin memoranda of agreement that the County signed and the County failed toinform ECMCC and CSEA that it would not execute future agreements resultingfrom the direct ECMCCCSEA negotiations.