After a Public Employee Safety and Health (“PESH”) bureau finding that the New York City Transit Authority violated New York occupational safety and health laws by not having fire wardens at the Westchester Yard in the Bronx, the Authority assigned Fire Warden duties to Train Service Supervisors, Assistant Train Dispatchers, Train Dispatchers, and Yard Dispatchers represented by the Subway-Surface Supervisors Association (“SSSA”). The SSSA filed an improper practice charge at the New York Public Employment Relations Board (“PERB”) alleging that the assignment was not within the inherent duties of the effected employees and that the assignment significantly increased their workload. Both circumstances, under PERB precedent, requires collective bargaining before the assignment and constitutes an unfair labor practice under New York’s Taylor Law (which governs collective bargaining for New York’s government employees).
PERB agreed with SSSA and in a March 5, 2025 decision ordered the Authority to cease and desist assigning the effected employees Fire Warden work pending negotiations. The assignments broke down into two essential components: daily inspection duties and steps to be taken in the event of an evacuation. With respect to the daily inspection, the PERB Administrative Law Judge (“ALJ”) stated “The Authority’s unilateral imposition of the daily inspection duties … increased the workload of the affected Dispatchers whereby they are now required to accomplish significantly more work during their workday. Hence … I find that the Authority has violated the Act.” With respect to the evacuation tasks, the ALJ stated, “I find that the assigned duties of Fire Warden do not fall within the inherent duties of the four bargaining unit positions affected.” Consequently, the assignments constituted a unilateral change in terms and conditions of employment that required bargaining. Having failed to bargain, the Authority violated the Act. The ALJ ordered the Authority to rescind the order assigning Fire Warden duties to the effected titles and order the Authority to bargain.
IDCW Partner Howard Wien represented the SSSA in at PERB.