[HISTORY: Adopted by the Suffolk County Legislature 3-14-1978 by L.L. No.
4-1978 (Ch. 44 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of certain local laws amending
these provisions are included at the end of this chapter.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 42.
Protection of employees making allegations of misconduct — See Ch. 71.
Ethics and accountability — See Ch. 77.
Health and safety of employees — See Ch. 110.
Classification and salary plans — See Ch. 888.
Employee benefits — See Ch. 935.
Civil service rules — See Ch. 1200.
[Amended 9-15-2011 by L.L. No. 49-2011]
The Suffolk County Legislature hereby finds and declares that
it is in the best interests of the citizens of the County and the
employees of the Suffolk County government to provide for the effective
implementation of the requirements of the Public Employees' Fair
Employment Act, as set forth in Article 14 of the Civil Service Law,
as amended, by establishing local provisions and procedures with respect
to the determination of the representation status of employees'
organizations and the resolution of disputes in the course of collective
negotiations with such organizations. It is the purpose of the Act
and the local provisions and procedures herein established to promote
a harmonious and cooperative relationship between the County government
and its employees and to protect the public by assuring, at all times,
the orderly and uninterrupted operations and functions of County government.
With this end in view, this Suffolk County Legislature also creates,
as hereinafter provided, a local Public Employment Relations Board.
A.
Employees of the County of Suffolk shall have the right to form,
join and participate in, or refrain from forming, joining or participating
in, any employee organization of their own choosing.
B.
For the purposes of this chapter, assistant district attorneys and
law school graduates employed in titles which promote to assistant
district attorney upon admission to the Bar of the State of New York
shall be designated managerial employees.
[Amended 9-15-2011 by L.L. No. 49-2011]
Employees of the County of Suffolk shall have the right to be
represented by employee organizations to negotiate collectively with
the County in the determination of their terms and conditions of employment
and the administration of grievances arising thereunder. The terms
"employee organization" and "terms and conditions of employment,"
as used in this chapter, shall have such meanings as are defined in
§ 201 of Article 14 of the Civil Service Law, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
The result of the exchange of mutual promises between the
County Executive of the County of Suffolk and an employee organization
which becomes a binding contract for the period set forth therein,
except as to any provisions therein which require approval by a legislative
body, which provisions shall become binding when the County Legislature
gives its approval.
Any person holding a position by appointment or employment in the service of the County of Suffolk, except that such term shall not include, for the purposes of any provision of this chapter other than § 68-10, persons holding positions by appointment or employment in the organized militia of the state and persons who may reasonably be designated from time to time as managerial or confidential upon application of the County of Suffolk to the Suffolk County Public Employment Relations Board, in accordance with procedures established pursuant to § 68-6 of this chapter, which procedures shall provide that any designations made during a period of unchallenged representation pursuant to § 68-8B of this chapter shall only become effective upon the termination of such period of unchallenged representation. Employees may be designated as managerial only if they are persons who formulate policy or who may reasonably be required on behalf of the County of Suffolk to assist directly in the preparation for and conduct of collective negotiations or to have a major role in the administration of agreements or in personnel administration. Employees may be designated as confidential only if they are persons who assist and act in a confidential capacity to managerial employees described in the second clause above.
Salaries, wages, hours, agency shop fee deduction and other
terms and conditions of employment; provided, however, that such term
shall not include any benefits provided by or to be provided by a
public retirement system, or payments to a fund or insurer to provide
an income for retirees, or payment to retirees or their beneficiaries.
No such retirement benefits shall be negotiated pursuant to this chapter,
and any benefits so negotiated shall be void.
The performance of the mutual obligation of the County of
Suffolk and the recognized or certified employee organization to meet
at reasonable times and confer in good faith with respect to wages,
hours and other terms and conditions of employment, or the negotiation
of an agreement, or any question arising thereunder, and the execution
of a written agreement incorporating any agreement reached if requested
by either party, but such obligation does not compel either party
to agree to a proposal or require the making of a concession.
A.
Any written agreement between the County of Suffolk and an employee
organization determining the terms and conditions of employment of
employees of the County of Suffolk shall contain the following notice
in type not smaller than the largest type used elsewhere in such agreement:
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"It is agreed by and between the parties that any provision
of this agreement requiring legislative action to permit its implementation
by amendment of law or by providing the additional funds therefor
shall not become effective until the Suffolk County Legislature has
given approval."
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B.
Every employee organization submitting such a written agreement to
its members for ratification shall publish such notice, shall include
such notice in the documents accompanying such submission and shall
read it aloud at any membership meeting called to consider such ratification.
C.
Within 60 days after the effective date of this chapter, a copy of
this section shall be furnished by the County Comptroller of the County
of Suffolk to each County employee. Each County employee employed
thereafter shall, upon such employment, be furnished with a copy of
the provisions of this section.
[1]
Editor's Note: Former § 68-6, Public Employment
Relations Board, as amended, was repealed 11-20-2012 by L.L. No. 1-2013.
For purposes of resolving disputes concerning representation
status, the Public Employment Relations Board of Suffolk County shall:
A.
Define the appropriate employer-employee negotiating unit by taking
into account, if it wishes, the recommendation of the County Executive,
the County Legislature and any employee organizations. The definition
of the unit shall correspond to a community of interest among the
employees to be included in the unit which shall be compatible with
the joint responsibilities of the County and its employees to serve
the interests of the public.
B.
Ascertain the employees' choice of employee organization as
their representative in cases where the parties to a dispute have
not agreed on the means to ascertain the choice, if any, of the employees
in the unit on the basis of dues deduction authorization and other
evidences or, if necessary, by conducting a secret ballot election.
C.
Certify an employee organization upon:
(1)
The determination that such organization represents that group of
employees it claims to represent; and
(2)
The affirmation by such organization that it does not assert the
right to strike against any government, to assist or participate in
any such strike or to impose an obligation to conduct, assist or participate
in such a strike.
A.
The County of Suffolk shall extend to an employee organization certified
or recognized pursuant to this chapter the following rights:
(1)
To represent the employees in negotiations, notwithstanding the existence
of an agreement with an employee organization that is no longer certified
or recognized, and in the settlement of grievances; and
(2)
To membership dues deduction, upon presentation of dues deduction
authorization cards signed by individual employees.
B.
An employee organization certified or recognized pursuant to this
chapter shall be entitled to unchallenged representation status until
seven months prior to the expiration of a written agreement between
the County of Suffolk and said employee organization determining terms
and conditions of employment. For the purposes of this subsection,
any such agreement for a term covering other than the fiscal year
of the County of Suffolk shall be deemed to expire with the fiscal
year ending immediately prior to the termination date of such agreement;
any such agreement having a term in excess of three years shall be
treated as an agreement for a term of three years; and extensions
of any such agreement shall not extend the period of unchallenged
representation status.
C.
Notwithstanding the provisions of and restrictions of §§ 202
and 209-a of the Civil Service Law, § 93-b of the General
Municipal Law and § 201 of the State Finance Law, every
employee organization that has been recognized or certified as the
exclusive representative of employees within a negotiating unit shall
be entitled to negotiate as part of any agreement entered into pursuant
to this chapter to have deductions from the wage or salary of employees
of such negotiating unit who are not members of said employee organization
the amount equivalent to the dues levied by such employee organization,
and the Department of Audit and Control of the County of Suffolk shall
make such deductions and transmit the sum so deducted to such employee
organization; provided, however, that the foregoing provisions of
this subsection shall only be applicable in the case of an employee
organization which has established and maintained a procedure providing
for the refund to any employee demanding the return of any part of
an agency shop fee deduction which represents the employee's
pro rata share of expenditures by the organization in aid of activities
or causes of a political or ideological nature only incidentally related
to terms and conditions of employment.
[Amended 9-15-2011 by L.L. No. 49-2011]
A.
For purposes of this section, an impasse may be deemed to exist if
the parties fail to achieve agreement at least 120 days prior to the
end of the fiscal year of the County of Suffolk.
B.
The County is hereby empowered to enter into written agreements with recognized or certified employee organizations setting forth procedures to be invoked in the event of disputes which reach an impasse in the course of collective negotiations. Such agreements may include the undertaking by each party to submit unresolved issues to impartial arbitration. In the absence or upon the failure of such procedures, either the County or the employee organization or both may request the Board to render assistance as provided in this section, or the Board may render such assistance on its own motion, as provided in Subsection C of this section or, in regard to officers or members of any organized fire department or police force or police department in the County and detective-investigators employed in the office of a district attorney of the County, as provided in Subsection D of this section.
[Amended 4-30-1991 by L.L. No. 16-1991]
C.
On request of either party or upon its own motion and in the event
the Board determines that an impasse exists in collective negotiations
between such employee organizations and the County as to the conditions
of employment, the Board shall render assistance as follows:
(1)
To assist the parties to effect a voluntary resolution of the dispute,
the Board shall appoint a mediator or mediators representative of
the public.
(2)
If the impasse continues, the Board shall appoint a fact-finding board of not more than three members, each representative of the public, from the list of qualified persons maintained by the Board as provided in § 68-6 hereof, which fact-finding board shall have, in addition to the powers delegated to it by the Board, the power to make public recommendations for the resolution of the dispute.
(3)
If the dispute is not resolved at least 80 days prior to the end
of the fiscal year of the County of Suffolk or by such other date
determined by the Board to be appropriate, the fact-finding board,
acting by a majority of its members, shall immediately transmit its
findings of fact and recommendations for resolution of the dispute
to the County Executive and to the employee organization involved,
may thereafter assist the parties to effect a voluntary resolution
of the dispute and shall, within five days of such transmission, make
public such findings and recommendations.
(4)
In the event that the findings of fact and recommendations are made public by a fact-finding board appointed by the Board or established pursuant to the procedures agreed upon by the parties under Subsection B of this section and the impasse continues, the Public Employment Relations Board shall have the power to take whatever steps it deems appropriate to resolve the dispute, including the making of recommendations after giving due consideration to the findings of fact and recommendations of the department as may be established by action of the County Legislature.
(5)
Should either the County or the employee organization not accept
in whole or in part the recommendations of the fact-finding board:
(a)
The County Executive shall, within 10 days after receipt of
the findings of fact and recommendations of the fact-finding board,
submit to the County Legislature a copy of the findings of fact and
recommendations of the fact-finding board, together with his recommendations
for settling the dispute;
(b)
The employee organization may submit to such legislative body
its recommendations for settling the dispute;
(c)
The legislative body or a duly authorized committee thereof
shall forthwith conduct a public hearing at which the parties shall
be required to explain their positions with respect to the report
of the fact-finding board; and
(d)
Thereafter, the legislative body shall take such action as it
deems to be in the public interest, including the interest of the
public employees involved.
D.
On request of either party or upon its own motion, as provided in Subsection B of this section, and in the event that the Board determines that an impasse exists in collective negotiations between such employee organization and the County as to the conditions of employment of officers or members of any organized fire department or police force or police department in the County and detective-investigators employed in the office of a district attorney in the County, the Board shall render assistance as follows:
[Amended 4-30-1991 by L.L. No. 16-1991]
(1)
To assist the parties to effect a voluntary resolution of the dispute,
the Board shall appoint a mediator from a list of qualified persons
maintained by the Board.
(2)
If the mediator is unable to effect settlement of the controversy
within 15 days after his appointment, either party may petition the
Board to refer the dispute to a public arbitration panel.
(3)
Public arbitration panel.
(a)
Upon petition of either party, the Board shall refer the dispute
to a public arbitration panel as herein provided.
(b)
The public arbitration panel shall consist of one member appointed
by the County Executive, one member appointed by the employee organization
and one public member appointed jointly by the County and employee
organization who shall be selected within 10 days after receipt by
the Board of a petition for creation of the arbitration panel. If
either party fails to designate its member to the public arbitration
panel, the Board shall promptly, upon receipt of a request by either
party, designate a member associated in interest with the County or
employee organization he is to represent. Each of the respective parties
is to bear the cost of its member appointed or designated to the arbitration
panel, and each of the respective parties is to share equally the
cost of the public member appointed jointly. If, within seven days
after the mailing date, the parties are unable to agree upon the one
public member, the Board shall submit to the parties a list of qualified,
disinterested persons for the selection of the public member. Each
party shall alternately strike from the list one of the names, with
the order of striking determined by lot, until the remaining one person
shall be designated as public member. This process shall be completed
within five days of receipt of this list. The parties shall notify
the Board of the designated public member. The public member shall
be chosen as Chairman.
(c)
The public arbitration panel shall hold hearings on all matters
related to the dispute. The parties may be heard either in person,
by counsel or by other representatives, as they may respectively designate.
The parties may present, either orally or in writing, or both, statements
of fact, supporting witnesses and other evidence and argument of their
respective positions with respect to each case. The panel shall have
authority to require the production of such additional evidence, either
oral or written, as it may desire from the parties and shall provide
at the request of either party that a full and complete record be
kept of any such hearings, the cost of such record to be shared equally
by the parties.
(d)
All matters presented to the public arbitration panel for its
determination shall be decided by a majority vote of the members of
the panel. The panel, prior to a vote on any issue in dispute before
it, shall, upon the joint request of its two members representing
the County of Suffolk and the employee organization respectively,
refer the issues back to the parties for further negotiations.
(e)
The public arbitration panel shall make a just and reasonable
determination of the matters in dispute. In arriving at such determination,
the panel shall specify the basis for its findings, taking into consideration,
in addition to any other relevant factors, the following:
[1]
Comparison of the wages, hours and conditions of employment
of the employees involved in the arbitration proceeding with the wages,
hours and conditions of employment of other employees performing similar
services or requiring similar skills under similar working conditions
and with other employees generally in public and private employment
in comparable communities.
[2]
The interests and welfare of the public and the financial ability
of the County to pay.
[3]
Comparison of peculiarities in regard to other trades or professions,
including, specifically, hazards of employment; physical qualifications;
educational qualifications; mental qualifications; and job training
and skills.
[4]
The terms of collective agreements negotiated between the parties
in the past providing for compensation and fringe benefits, including
but not limited to the provisions for salary, insurance and retirement
benefits, medical and hospitalization benefits, paid time off and
job security.
(f)
The determination of the public arbitration panel shall be final
and binding upon the parties for the period prescribed by the panel,
but in no event shall such period exceed two years from the termination
date of any previous collective bargaining agreement or, if there
is no previous collective bargaining agreement, then for a period
not to exceed two years from the date of determination by the panel.
Such determination shall not be subject to the approval of the County
legislative body or other municipal authority.
(g)
The determination of the public arbitration panel shall be subject
to review by a court of competent jurisdiction in the manner prescribed
by law.
E.
The provisions of this section shall continue from July 1, 1989,
subject to the provisions of Civil Service Law § 209, Subdivision
4(d).
[Amended 12-27-1979 by L.L. No. 1-1980; 12-22-1981 by L.L. No. 2-1982; 4-10-1984 by L.L. No. 8-1984; 11-26-1985 by L.L. No. 39-1985; 12-8-1987 by L.L. No. 45-1987; 6-26-1990 by L.L. No.
24-1990]
A.
No employee of the County of Suffolk or employee organization shall
engage in a strike, and no employee of the County of Suffolk or employee
organization shall cause, instigate, encourage or condone a strike.
B.
Violations and penalties; presumption; prohibition against consent
to strike; determination; notice; probation; payroll deductions; objections
and restoration.
(1)
Violations and penalties. A County employee shall violate this section by engaging in a strike or violating Subsection B(3) and shall be liable as provided in this subsection pursuant to the procedures contained herein. In addition, any County employee who violates Subsection A of this section may be subject to removal or other disciplinary action provided by law for misconduct.
(2)
Presumption. For purposes of this section, an employee who is absent
from work without permission or who abstains wholly or in part from
the full performance of his duties in his normal manner without permission,
on the date or dates when a strike occurs, shall be presumed to have
engaged in such strike on such date or dates.
(3)
Prohibition against consent to strike. No person exercising on behalf
of the County of Suffolk any authority, supervision or direction over
any County employee shall have the power to authorize, approve, condone
or consent to a strike, or the engaging in a strike, by one or more
County employees; and such person shall not authorize, approve, condone
or consent to such strike or engagement.
(4)
Determination. In the event that it appears that a violation of this
section may have occurred, the County Executive shall, on the basis
of such investigation and affidavits as he may deem appropriate, determine
whether or not such violation has occurred and the date or dates of
such violation. If the County Executive determines that such violation
has occurred, he shall further determine, on the basis of such further
investigation and affidavits as he may deem appropriate, the names
of the employees who committed such violation and the date or dates
thereof. Such determination shall not be deemed to be final until
the completion of the procedures provided for in this subsection.
(5)
Notice. The County Executive shall forthwith notify each employee that he has been found to have committed such violation, the date or dates thereof and of his right to object to such determination pursuant to Subsection B(8); and he shall also notify the County Comptroller of the names of all such employees and of the total number of days, or part thereof, on which it has been determined that such violation occurred. Notice to each employee shall be by personal service or by certified mail to his last address filed by him with the County of Suffolk.
(6)
Probation. Notwithstanding any inconsistent provision of law, any
County employee who has been determined to have violated this subsection
shall be on probation for a term of one year following such determination,
during which period he shall serve without tenure; provided, however,
that the effect of probation hereunder with regard to teachers and
others subject to the Education Law shall not exceed or differ from
the effect of probation hereunder with regard to other County employees.
(7)
Payroll deductions. Not earlier than 30 days nor later than 90 days following the date of such determination, the County Comptroller of the County shall deduct from the compensation of each such employee an amount equal to twice his daily rate of pay for each day or part thereof on which it was determined that he had violated this subsection, such rate of pay to be computed as of the time of such violation. In computing such deduction, credit shall be allowed for amounts already withheld from such employee's compensation on account of his absence from work or other withholding of services on such day or days. In computing the aforesaid thirty- to ninety-day period of time following the determination of a violation pursuant to Subsection B(4) and where the employee's annual compensation is paid over a period of time which is less than 52 weeks, that period of time between the last day of the last payroll period of the employment term in which the violation occurred and the first day of the first payroll period of the next succeeding employment term shall be disregarded and not counted.
(8)
Objections and restoration. Any employee determined to have violated this subsection may object to such determination by filing with the County Executive [within 20 days of the date on which notice was served or mailed to him pursuant to Subsection B(5)] his sworn affidavit, supported by available documentary proof, containing a short and plain statement of the facts upon which he relies to show that such determination was incorrect. Such affidavit shall be subject to the penalties of perjury. If the County Executive shall determine that the affidavit and supporting proof establish that the employee did not violate this subsection, he shall sustain the objection. If the County Executive shall determine that the affidavit and supporting proof fail to establish that the employee did not violate this subsection, he shall dismiss the objection and so notify the employee. If the County Executive shall determine that the affidavit and supporting proof raise a question of fact which, if resolved in favor of the employee, would establish that the employee did not violate this subsection, he shall appoint a hearing officer to determine whether in fact the employee did violate this subsection after a hearing at which such employee shall bear the burden of proof. If the hearing officer shall determine that the employee failed to establish that he did not violate this subsection, the County Executive shall so notify the employee. If the County Executive sustains an objection or the hearing officer determines on a preponderance of the evidence that such employee did not violate this subsection, the County Executive shall forthwith restore to the employee the tenure suspended pursuant to Subsection B(6) and notify the County Comptroller, who shall thereupon cease all further deductions and refund any deductions previously made pursuant to this subsection. The determinations provided in this subsection shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules.
C.
Required actions.
(1)
An employee organization which is determined by the Public Employment Relations Board of Suffolk County to have violated the provisions of Subsection A of this section shall, in accordance with the provisions of this section, lose the rights granted pursuant to the provisions of § 68-8A(2) and C of this chapter.
(2)
In the event that it appears that a violation of Subsection A of this section may have occurred, it shall be the duty of the County Executive forthwith to so notify the Public Employment Relations Board of Suffolk County and the County Attorney and to provide the Board and the County Attorney with such facilities, assistance and data as will enable the Board and the County Attorney to carry out their duties under this section.
(3)
In the event that it appears that a violation of Subsection A of this section may have occurred, the County Attorney, or the Public Employment Relations Board of Suffolk County on its own motion, shall forthwith institute proceedings before the Public Employment Relations Board of Suffolk County to determine whether such employee organization has violated the provisions of Subsection A of this section.
(4)
Proceedings against an employee organization under this section shall
be commenced by service upon it of a written notice, together with
a copy of the charges. A copy of such notice and charges shall also
be served, for their information, upon the appropriate County officials
who recognize such employee organization and grant to it the rights
accompanying such recognition. The employee organization shall have
eight days within which to serve its written answer to such charges.
The hearing of the Public Employment Relations Board of Suffolk County
shall be held promptly thereafter, and at such hearing the parties
shall be permitted to be represented by counsel and to summon witnesses
in their behalf. Compliance with the technical rules of evidence shall
not be required.
(5)
In determining whether an employee organization has violated Subsection A of this section, the Board shall consider whether the employee organization called the strike or tried to prevent it and whether the employee organization made or was making good faith efforts to terminate the strike.
(6)
If the Board determines that an employee organization has violated the provisions of Subsection A of this section, the Board shall order forfeiture of the rights granted pursuant to the provisions of § 68-8A(2) and C of this chapter for such specified period of time as the Board shall determine or, in the discretion of the Board, for an indefinite period of time subject to restoration upon application, with notice to all interested parties, supported by proof of good faith compliance with the requirements of Subsection A of this section since the date of such violation, such proof to include, for example, the successful negotiation, without a violation of Subsection A of this section, of a contract covering the employees in the unit affected by such violation; provided, however, that where a fine imposed on an employee organization pursuant to Subdivision 2 of § 751 of the Judiciary Law remains wholly or partly unpaid, after the exhaustion of the cash and securities of the employee organization, the Board shall direct that, notwithstanding such forfeiture, such membership dues deduction shall be continued to the extent necessary to pay such fine, and the County shall transmit such moneys to the court. In fixing the duration of the forfeiture, the Board shall consider all the relevant facts and circumstances, including but not limited to the extent of any willful defiance of Subsection A of this section; the impact of the strike on the public health, safety and welfare of the community; and the financial resources of the employee organization; and the Board may consider the refusal of the employee organization or the County of Suffolk or the representative thereof to submit to the mediation and fact-finding procedures provided in § 68-9 of this chapter and whether, if so alleged by the employee organization, the County of Suffolk or its representatives engaged in such acts of extreme provocation as to detract from the responsibility of the employee organization for the strike. In determining the financial resources of the employee organization, the Board shall consider both the income and assets of such employee organization. In the event that membership dues are collected by the County of Suffolk as provided in § 68-8A(2) of this chapter, the books and records of the County of Suffolk shall be prima facie evidence of the amount so collected.
(7)
An employee organization whose rights granted pursuant to the provisions of § 68-8A(2) and C of this chapter have been ordered forfeited pursuant to this section may be granted such rights after the termination of such forfeiture only after complying with the provisions of § 68-7C(2) of this chapter.
(8)
No compensation shall be paid by the County of Suffolk to a County
employee with respect to any day or part thereof when such employee
is engaged in a strike against the County of Suffolk. The County Comptroller
of the County of Suffolk shall withhold such compensation upon receipt
of the notice provided by Subdivision 2(e) of § 210 of the
Civil Service Law. Notwithstanding the failure to have received such
notice, no County employee or officer having knowledge that such employee
has so engaged in such a strike shall deliver or cause to be delivered
to such employee any cash, check or payment which, in whole or in
part, represents such compensation.
D.
Within 60 days of the termination of a strike, the County Executive
shall prepare and make public a report in writing, which shall contain
the following information:
(1)
The circumstances surrounding the commencement of the strike.
(2)
The efforts used to terminate the strike.
(3)
The names of those County employees whom the County Executive has
reason to believe were responsible for causing, instigating or encouraging
the strike.
(4)
Related to the varying degrees of individual responsibility, the
sanctions imposed or proceedings pending against each such individual
County employee.
A.
Orders of the Board made pursuant to this chapter shall be deemed
to be final against all parties to its proceedings and persons who
have had an opportunity to be parties to its proceedings unless reversed
or modified in proceedings for enforcement or judicial review as hereinafter
provided. Such orders shall be reviewable under Article 78 of the
Civil Practice Law and Rules upon petition filed by an aggrieved party
within 30 days after service by registered or certified mail of a
copy of such order upon such party and shall be enforceable in a special
proceeding, upon petition of such Board, by the Supreme Court.
C.
If a proceeding by the Board for enforcement of its order is instituted
prior to the expiration of the period within which a party may seek
judicial review of such order, the respondent may raise in his answer
the questions authorized to be raised by § 7803 of the Civil
Practice Law and Rules, and thereafter the proceedings shall be governed
by the provisions of Article 78 of the Civil Practice Law and Rules
that are not inconsistent herewith, except that if an issue specified
in Question 4 of § 7803 of the Civil Practice Law and Rules
is raised, the proceeding shall be transferred for disposition to
the Appellate Division of the Supreme Court. Where an issue specified
in Question 4 of § 7803 of the Civil Practice Law and Rules
is raised, either in a proceeding to enforce or review an order of
the Board, the Appellate Division of the Supreme Court, upon completion
of proceedings before it, shall remit a copy of its judgment or order
to the court in which the proceeding was commenced, which court shall
have the power to compel compliance with such judgment or order.
D.
In a proceeding to enforce or review an order of the Board, the court
shall have power to grant such temporary relief or restraining order
as it deems just and proper and to make and enter a judgment or decree
enforcing, modifying and enforcing as so modified, or setting aside,
in whole or in part, the order of the Board.
E.
The failure to perform the duties required by § 68-10B and C of this chapter and § 211 of the Civil Service Law shall be reviewable in a proceeding under Article 78 of the Civil Practice Law and Rules by any taxpayer, as defined in § 102 of the Civil Service Law. Any such taxpayer shall also have standing to institute an action described in Subdivisions 1 and 2 of § 102 of the Civil Service Law.
No managerial or confidential employee, as determined pursuant to § 68-2 of this chapter, shall hold office in or be a member of any employee organization which is or seeks to become, pursuant to this chapter, the certified or recognized representative of the public employees employed by the County of Suffolk.
The provisions and procedures established herein shall be submitted
for approval to the New York State Public Employment Relations Board,
as provided in § 212 of the Civil Service Law, as added
by Chapter 392 of the Laws of 1967.
