During the first half of the twentieth century, public-employee organizations were established to seek job security and other benefits for government employees. Although strikes by public employees were proscribed by common law, a series of municipal employee strikes after World War II led to enactment of the Condon-Wadlin Act in 1947 (Chapter 391), establishing penalties for striking public employees. Three years later an executive order was issued that guaranteed State employees the right to join employee organizations and created a grievance procedure.
In the early 1960s the continuing incidence of government labor-management confrontation and the concomitant growing labor activity among school teachers, especially in New York City, demonstrated the need for systematic conciliation and employee representation procedures. However it was not until 1967 (Chapter 392) that the Public Employees' Fair Employment Act (also known as the Taylor Law) was enacted. This law continued the prohibition against strikes by public employees and included penalties, granted public employees the right of organization and representation, imposed upon public employers the duty to recognize and negotiate with employee organizations, required them to enter into written agreements with unions, and created the Public Employment Relations Board to resolve disputes.
The board, which consists of three gubernatorial appointees, is placed administratively within the Department of Civil Service but is not subject to its control. The board appoints an executive director and appropriate staff to carry out its business.
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The Public Employment Relations Board (PERB) is responsible for assisting in resolving labor-relations disputes between public-employee organizations and agencies of state and local government and school districts. PERB provides mediation, fact-finding, and arbitration services in disputes over contract agreements; settles questions of union representation; and hears charges of improper practices by public employers, employees, and employee organizations.
