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Village of Port Chester, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Port Chester 11-18-1968. Amendments noted where applicable.]
[Amended 10-23-1969]
The Board of Trustees of the Village of Port Chester hereby finds and declares that it is in the best interests of the citizens of the Village of Port Chester and the employees of the Village of Port Chester 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 added by Chapter 392 of the Laws of 1967, and heretofore amended by Chapter 24 of the Laws of 1969, 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 this act and the local provisions and procedures herein established to continue to promote a harmonious and cooperative relationship between the Village of Port Chester government and its employees and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of village government. With this in view this Board of Trustees also creates, as hereinafter provided, a Village of Port Chester Public Employment Relations Board and establishes herein further procedures relating to the prohibition against strikes by public employees as provided in this act.
As used in this resolution, the following terms shall have the meanings indicated:
AGREEMENT
The result of the exchange of mutual promises between the Mayor of the Village of Port Chester 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 the Board of Trustees of the Village of Port Chester and as to those provisions, shall become binding when the Board of Trustees of the Village of Port Chester gives its approval.
[Added 10-23-1969]
BOARD
The Public Employment Relations Board created by § 47-6 of this resolution.
CHIEF FISCAL OFFICER
The Treasurer of the Village of Port Chester.
[Added 10-23-1969]
CHIEF LEGAL OFFICER
The Corporation Counsel.
EMPLOYEE ORGANIZATION
An organization of any kind having as its primary purpose the improvement of terms and conditions of employment of public employees, except that such term shall not include an organization membership in which is prohibited by § 105 of the Civil Service Law of the State of New York; which discriminates with regard to the terms or conditions of membership because of race, color, creed or national origin; or which, in the case of public employees who hold positions by appointment or employment in the service of the Board and who are excluded from the application of this resolution by rules and regulations of the Board, admit to membership or are affiliated directly or indirectly with an organization which admits to membership persons not in the service of the Board, for purposes of any provision of this resolution other than §§ 47-10 and 47-11 of this resolution and Subdivisions 1 and 2 of § 210 and § 211 of the Civil Service Law of the State of New York.
GOVERNMENT or PUBLIC EMPLOYER
The Village of Port Chester. Upon the application of the Village of Port Chester, the Board may determine that the Village of Port Chester shall be deemed to be a joint public employer of public employees in an employer-employee negotiating unit pursuant to § 47-7 of this act when such determination would best effectuate the purposes of this act.
[Amended 9-13-1971]
MEMBERSHIP DUES DEDUCTION
The obligation or practice of the village to deduct from the salary of a public employee with his consent an amount for the payment of his membership dues in an employee organization and to transmit the sum so deducted to an employee organization.
PUBLIC EMPLOYEE
[Amended 9-13-1971]
Any person holding a position by appointment or employment in the service of the Village of Port Chester, except that such term shall not include for the purposes of any provisions of this act other than §§ 47-10 and 47-11 of this act, persons who may reasonably be designated from time to time as managerial or confidential upon application of the Village of Port Chester to the appropriate board in accordance with procedures established pursuant to § 47-6, which procedures shall provide that any such designations made during a period of unchallenged representation pursuant to § 47-8B of this act shall only become effective upon the termination of such period of unchallenged representation.
A. 
Employees may be designated as "managerial" only if they are persons who:
(1) 
Formulate policy; or
(2) 
May reasonably be required on behalf of the Village of Port Chester 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, provided that such role is not of a routine or clerical nature and requires the exercise of independent judgment.
B. 
Employees may be designated as "confidential" only if they are persons who assist and act in a confidential capacity to managerial employees described in Subsection A(2) above.
STRIKE
Any strike or other concerted stoppage of work or slowdowns by public employees.
TERMS AND CONDITIONS OF EMPLOYMENT
Salaries, wages, hours 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 article, and any benefits so negotiated shall be void.
[Amended 10-1-1973]
Employees of the Village of Port Chester shall have the right to form, join and participate in, or to refrain from forming, joining or participating in, any employee organization of their own choosing as provided by § 202 of the Civil Service Law of the State of New York.
Such employees shall have the right to be represented by employee organizations to negotiate collectively with the Village of Port Chester in the determination of their terms and conditions of employment and the administration of grievances arising thereunder as provided by § 203 of the Civil Service Law of the State of New York.
A. 
The Village of Port Chester is hereby empowered to recognize employee organizations for the purpose of negotiating collectively in the determination and administration of grievances arising under the terms and conditions of employment of its public employees and to negotiate and enter into written agreements with such employee organizations in determining such terms and conditions of employment, pursuant to the provisions of § 204 of the Civil Service Law of the State of New York.
B. 
Where an employee organization has been certified or recognized pursuant to this resolution the Village of Port Chester shall be and hereby is required to negotiate collectively with such employee organization in the determination and administration of grievances arising under the terms and conditions of employment of its public employees, and to negotiate and enter into written agreements with such employee organizations in determining such terms and conditions of employment, pursuant to § 204 of the Civil Service Law of the State of New York.
[Added 10-23-1969]
A. 
Any written agreement between the Village of Port Chester and an employee organization determining the terms and conditions of employment of public employees shall contain the following notice in type not smaller than the largest type used elsewhere in such agreement: "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 Board of Trustees of the Village of Port Chester has given approval."
B. 
Every employee organization submitting such a written agreement to its members for ratification shall publish such notice, including 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 act, a copy of this section shall be furnished by the chief fiscal officer of the Village of Port Chester to each public employee. Each public employee employed thereafter shall, upon such employment, be furnished with a copy of the provisions of this section.
A. 
There is hereby created a board to be known as the "Village of Port Chester Public Employment Relations Board." The said Board shall consist of three members to be appointed by the Mayor, upon the advice and consent of the Board of Trustees, from persons representative of the public. Not more than two members of the Board shall be members of the same political party. The said members shall be appointed for a term of six years, except that of the members first appointed one shall be appointed for a term to expire on December 31, 1968, one for a term to expire on December 31, 1970, and one for a term to expire on December 31, 1972. The Mayor shall designate one member as Chairman of the Board. A vacancy shall be filled in the same manner as the original appointment for the unexpired term.
B. 
Members of the Board shall hold no other public office or public employment in the Village of Port Chester.
C. 
The members of such Board may receive such compensation as may be recommended by the Mayor and authorized by the Board of Trustees and within the amounts made available therefor by appropriation. Nothing herein shall be construed to require the Board of Trustees to provide compensation for such members. However, the said Board shall appoint such officers and employees as may be authorized by the Board of Trustees.
D. 
In addition to the powers and functions as may be provided by law or elsewhere in this resolution, the said Board shall have the following powers and functions:
(1) 
To establish procedures consistent with the provisions of § 47-7 of this resolution and after consultation with interested parties, to resolve disputes concerning the representation status of employee organizations.
(2) 
To resolve, pursuant to such procedures, disputes concerning the representation status of employee organizations of employees of the Village of Port Chester upon request of any employee organization or public employer.
(3) 
To conduct studies of problems involved in representation and negotiation, including but not limited to whether employee organizations are to be recognized as representatives of their members only or are to have exclusive representation for all employees in the bargaining unit; the problems of unit determination; and those subjects which are open to negotiation in whole or in part.
(4) 
To establish, after consulting representatives of employee organizations, the Mayor of the Village of Port Chester and the Board of Trustees, panels of qualified persons broadly representative of the community and as far as practicable who are versed in the field of labor relations, to be available to serve as mediators, arbitrators or members of fact-finding boards.
[Amended 10-23-1969]
(5) 
To hold such hearings and make such inquiries as it deems necessary for the Board properly to carry out its functions and powers.
(6) 
For the purpose of such hearings and inquiries, the members of such Board shall have the power to administer oaths and affirmations and to compel the attendance of witnesses and the production of books and papers.
(7) 
To make, amend and rescind from time to time such rules and regulations, including but not limited to those governing its internal organization and conduct of its affairs, and to exercise such other powers as may be appropriate to effectuate the purposes and provisions of this resolution.
E. 
No officer, board, department or agency of the village shall exercise any supervision, direction or control over the Board in the performance of any of its functions or the exercise of any of its powers under this resolution.
For purposes of resolving disputes concerning representation status the Village of Port Chester Public Employment Relations Board shall:
A. 
Define the appropriate employer-employee negotiating unit taking into account the following standards:
(1) 
The definition of the unit shall correspond to a community of interest among the employees to be included in the unit.
(2) 
The departmental officials at the level of the unit shall have the power to make effective recommendations to their departmental head, or in the case of a departmental head, to the Board of Trustees, with respect to the terms and conditions of employment upon which the employees desire to negotiate.
(3) 
The unit shall be compatible with the joint responsibilities of the village and its employees to serve the interests of the public.
B. 
Ascertain the village employees' choice of employee organization as their representative, in those cases where agreement has not been reached on the means to ascertain the choice, on the basis of dues deduction authorization and other evidences, or if necessary, by conducting an election.
C. 
Certify an employee organization upon the determination that such organization represents that group of village employees it claims to represent, and as provided in § 207 (3)(b) of the Civil Service Law, 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.
[Amended 9-13-1971]
A. 
The Village of Port Chester shall extend to an employee organization certified or recognized pursuant to this act the following rights:
(1) 
To represent the employee 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.
(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 act shall be entitled to unchallenged representation status until seven months prior to the expiration of a written agreement between the Village of Port Chester and said employee organization determining the 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 Village of Port Chester 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.
A. 
For purposes of this section, an impasse may be deemed to exist if the parties fail to achieve agreement at least 20 days prior to the end of the fiscal year of the Village of Port Chester.
[Amended 9-13-1971]
B. 
The Village of Port Chester may 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 event such procedures fail to solve the impasse, or in the event no such written agreement is entered into, either the Village of Port Chester or the organization, or both, may request the Village of Port Chester Public Employment Relations Board to render assistance, as hereinafter provided, or the Board may render such assistance on its own motion.
[Amended 10-23-1969]
C. 
On request of either party, or upon its own motion, and in the event the said Board determines that an impasse exists in collective negotiations between such employee organization and the village 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 from the list of qualified persons maintained by the Board as provided in § 47-6 of this resolution.
(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 § 47-6 of this resolution, which fact-finding board shall have 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 Village of Port Chester 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 Mayor of the Village of Port Chester 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.
[Amended 10-23-1969; 9-13-1971]
(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 procedures agreed upon by the parties under Subsection C(2) 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 such fact-finding board, but no further fact-finding board shall be appointed; and, upon request of the parties, assistance in providing such voluntary arbitration.
[Amended 10-23-1969; 3-18-1971]
(5) 
In the event that either the Village of Port Chester or the employee organization does not accept in whole or part the recommendations of the fact-finding board, the Mayor of the Village of Port Chester shall, within 10 days after receipt of the findings of fact and recommendations of the fact-finding board, submit to the Village Board of Trustees a copy of the findings of fact and recommendations of the fact-finding board, together with his recommendations for settling the dispute; the employee organization may submit to the Village Board of Trustees its recommendations for settling the dispute; the Board of Trustees 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 thereafter, the Board of Trustees shall take such action as it deems to be in the public interest, including the interest of the public employees involved.
[Amended 10-23-1969; 9-13-1971]
[Amended 10-23-1969]
A. 
As required by § 210 of the Civil Service Law of the State of New York, no employee of the Village of Port Chester or employee organization shall engage in a strike, and no public employee or employee organization shall cause, instigate, encourage or condone a strike.
B. 
Penalties for offenses; presumption; prohibition against consent to strike; determination; notice; probation; payroll deductions; objections; and restoration.
(1) 
Penalties for offenses. A public employee shall violate this subsection by engaging in a strike or violating § 47-10B(3) and shall be liable as provided in this subsection pursuant to the procedures contained herein. In addition, any public 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 subsection 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 any authority, supervision or direction over any public employee on behalf of the Village of Port Chester shall have the power to authorize, approve, condone or consent to a strike, or the engaging in a strike by one or more public employees, and such person shall not authorize, approve, condone or consent to such strike or engagement.
(4) 
Determination. In the event it appears that a violation of this subsection may have occurred, the Mayor 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 Mayor 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 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 Mayor 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 § 47-10B(8). He shall also notify the Village Treasurer 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 certified mail to his last address filed by him with his employer.
[Amended 9-13-1971]
(6) 
Probation. Notwithstanding any inconsistent provision of law, any public 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 public employees.
(7) 
Payroll deductions. Not earlier than 30 nor later than 90 days following the date of such determination, the Village Treasurer of the Village of Port Chester shall deduct from the compensation of each such public employee an amount equal to twice his daily rate of pay for each day or part thereof that it was determined that he had violated this subsection. Such rate of pay shall 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 § 47-10B(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.
[Amended 9-13-1971]
(8) 
Objections and restoration. Any employee determined to have violated this subsection may object to such determination by filing with the Mayor of the Village of Port Chester, within 20 days of the date on which notice was served or mailed to him pursuant to § 47-10B(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 is incorrect. Such affidavit shall be subject to the penalties of perjury. If the Mayor of the Village of Port Chester shall determine that the affidavit and supporting proof establishes that the employee did not violate this subsection, he shall sustain the objection. If the Mayor of the Village of Port Chester shall determine that the affidavit and supporting proof fails to establish that the employee did not violate this subsection, he shall dismiss the objection and so notify the employee. If the Mayor of the Village of Port Chester shall determine that the affidavit and supporting proof raises 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 Mayor of the Village of Port Chester shall so notify the employee. If the Mayor of the Village of Port Chester sustains an objection or the hearing officer determines on a preponderance of the evidence that such employee did not violate this subsection, the Mayor of the Village of Port Chester shall forthwith restore to the employee the tenure suspended pursuant to § 47-10B(6), and notify the chief fiscal officer 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. 
Procedures before and after determination of violation.
(1) 
An employee organization which is determined by the Village of Port Chester Public Relations Board 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 § 47-8A(2) of this act.
[Amended 9-13-1971]
(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 Mayor of the Village of Port Chester forthwith to so notify the Village of Port Chester Public Employment Relations Board and the Corporation Counsel and to provide the said Board and the Corporation Counsel with such facilities, assistance and data as will enable the said Board and the Corporation Counsel 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 Corporation Counsel or the Village of the Port Chester Public Employment Relations Board, on its own motion, shall forthwith institute proceedings before the Village of Port Chester Public Employment Relations Board to determine whether such employee organization has violated the provisions of Subsection A of this section unless an application to punish for contempt has been made in accordance with and pursuant to the last sentence of § 211 of the Civil Service Law of the State of New York and such application terminates in a judgment on the merits.
(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 Village of Port Chester 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 Village of Port Chester Public Employment Relations Board 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 said Board shall consider whether the employee organization called the strike or tried to prevent it, and whether the employee organization made or was making efforts in good faith to terminate the strike.
(6) 
If the said 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 § 47-8A(2) of this act, 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 shall 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 such public employer shall transmit such moneys to the court. In fixing the duration of the forfeiture, the Board shall consider all 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. The Board may consider the refusal of the employee organization or the Village of Port Chester, or the representative thereof, to submit to the mediation and fact-finding procedures provided in § 47-9 and whether, if so alleged by the employee organization, the Village of Port Chester 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 the assets of such employee organization. In the event membership dues are collected by the Village of Port Chester as provided in § 47-8A(2) of this act, the books and records of the Village of Port Chester shall be prima facie evidence of the amount so collected.
[Amended 9-13-1971]
(7) 
An employee organization whose rights granted pursuant to the provisions of § 47-8A(2) of this act 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 § 47-7C of this act.
[Amended 9-13-1971]
(8) 
No compensation shall be paid by a public employer to a public employee with respect to any day or part thereof when such employee is engaged in a strike against such employer. The chief fiscal officer of the Village of Port Chester shall withhold such compensation upon receipt of the notice provided by § 47-10B(5) of this act. Notwithstanding the failure to have deceived such notice, no public 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 Mayor of the Village of Port Chester shall prepare and make public a report in writing which shall contain the following information:
[Amended 9-13-1971[1]]
(1) 
The circumstances surrounding the commencement of the strike.
(2) 
The efforts used to terminate the strike.
(3) 
The names of those public employees whom the public officer or body had 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 public employee.
[1]
Editor's Note: This amendment provided for the deletion of former Subsection D and the renumbering of former Subsection E to become Subsection D.
As required by § 211 of the Civil Service Law of the State of New York, and notwithstanding the provisions of § 807 of the Labor Law, where it appears that public employees or an employee organization threaten or are about to do, or are doing, an act in violation of § 47-10 of this resolution, the Mayor shall forthwith notify the Corporation Counsel and provide such Corporation Counsel with such facilities, assistance and data as will enable the Corporation Counsel to carry out his duties under this section; and, notwithstanding the failure or refusal of the Mayor to act as aforesaid, the Corporation Counsel shall forthwith apply to the Supreme Court for an injunction against such violation. If an order of the Court enjoining or restraining such violation does not receive compliance, the Corporation Counsel shall forthwith apply to the Supreme Court to punish such violation under § 750 of the Judiciary Law.
A. 
Any provisions and procedures established herein may be terminated by future resolutions of the Village Board. Termination of such provisions and procedures shall become effective 60 days after the filing with the New York State Public Employment Relations Board of a duly certified copy of such resolution terminating the applicability of any of the provisions and procedures herein.
B. 
In the event of the termination of any of the provisions and procedures set forth herein, public notice of the termination of any local procedures involved shall be given at least 45 days prior to the effective date of such termination by posting in a conspicuous place in the Village Rooms, 110 Willett Avenue, Port Chester, New York, for not less than five working days and inclusion in a public advertisement in a local newspaper of general circulation for not less than one day.
C. 
No amendment to this resolution shall be effective until the New York State Public Employment Relations Board finds that the provisions and procedures as amended are substantially equivalent to the provisions and procedures as set forth in the Civil Service Law and the Rules and Procedures of the New York State Public Employment Relations Board.
The provisions and procedures established herewith 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, and if so approved, this resolution shall become effective immediately upon such approval.
[Added 9-13-1971]
No managerial or confidential employee, as determined pursuant to § 47-2 of this act shall hold office in or be a member of any employee organization which is or seeks to become, pursuant to this act, the certified or recognized representative of the public employees employed by the Village of Port Chester of such managerial or confidential employee.
[Amended 9-13-1971]
A. 
Orders of the Village of Port Chester Public Employment Relations Board made pursuant to this act 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 enforceable in a special proceeding, upon petition of such Board by the Supreme Court.
B. 
Orders of the Board or its agents made pursuant to § 47-7A and B of this act shall be reviewable only in a proceeding brought under Article 78 of the Civil Practice Law and Rules to review an order of the Board made pursuant to § 47-7C of this act.
C. 
If a proceeding by the Village of Port Chester Public Employment Relations 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 § 47-l0B and C of this act and § 47-11 of this act 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 of the State of New York. Any such taxpayer shall also have standing to institute any action described in Subdivisions 1 and 2 of § 102 of the Civil Service Law of the State of New York.