Committee approves more legal funding as PERB appeal keeps PAB union question open

The Budget and Finance and Governance Committee voted to authorize an amendatory agreement for labor and employment law services to cover ongoing appellate work in a representation dispute over PAB employees.

The decision matters because the city faces an active appeal to the Public Employment Relations Board (PERB) after an administrative law judge ruled in favor of AFSCME as the appropriate bargaining unit for some PAB employees. Corporation Counsel told the committee outside counsel Hancock Estabrook provided an estimate for finishing the appeal and the additional funding before the council was to pay for that work.

Corporation Counsel summarized the procedural history for the committee, saying the matter began when PAB employees sought recognition with Workers United and AFSCME intervened. “We felt pretty confident last time that it would be the last time, but here we are again,” Counsel said, describing six days of hearings, extensive briefing and a subsequent appeal filed by Workers United.

Counsel told the committee the administrative-law judge issued a decision in January finding AFSCME to be the most appropriate bargaining unit, and that Workers United filed an appeal to PERB on March 21. Counsel described the immediate effect as a hold on AFSCME membership for the at-issue employees until the appeal is resolved, and said the city expects further briefs and potential review by PERB. Counsel also said a subsequent Article 78 court challenge to PERB’s final action remains possible, though unlikely.

Council members asked procedural and factual questions: Council Member Monroe requested the exact number of positions affected; Counsel estimated “somewhere between 8 and 12” and committed to a written, definitive answer. Council Member Martin asked whether council members had been notified when the judge’s decision came down; Counsel said they would check and follow up.

The committee moved and passed the amendatory agreement. Committee minutes and the discussion record show the council approved funding to allow outside counsel to complete the PERB appeal process; the specific dollar amount was discussed as an estimate from Hancock Estabrook but was not specified on the record during the discussion.

Next steps identified during the meeting: counsel will provide the committee with (a) the judge’s order, (b) a written count of affected positions, and (c) a written estimate or accounting of the additional contract funding requested by Hancock Estabrook.

Ending: The action concludes the committee’s consideration of the amendatory agreement; the underlying representation dispute remains active before PERB and could affect which union represents the affected PAB employees if the appeal resolves differently than the administrative-law judge’s ruling.