Senate Finance Committee advances PERB nominees after Connick details backlog reduction and rulemaking

The New York State Senate Finance Committee on June 10 advanced two nominees to the Public Employment Relations Board (PERB), moving the nominations of Timothy Connick and Barbara Diehart to the Senate floor after a round of questions about PERB’s caseload, staffing and rulemaking.

Connick, who has served as PERB chair since last June, told senators the board has cut a backlog of administrative law judge (ALJ) decisions and increased the number of board decisions issued in the past year. "I've been honored and privileged to serve as the PERB chair for the past year," Connick said. He described efforts to make the board more user-friendly and to clarify rules for new statutes.

Committee members pressed Connick on staffing, language access and PERB’s role in recent large labor actions and in dealing with the federal agencies that historically handle private‑sector disputes.

Connick told the committee that in calendar year 2023 PERB issued 83 ALJ decisions and that, as of July 30, 2024, 42 ALJ decisions had not been issued within 90 days of closing briefs. "As of May 27 of this year, we've got that backlog down to 20," he said, describing the change as a "52% reduction." He also said the board issued 51 decisions in the year since his June start, compared with 21 decisions in calendar year 2023 and a 10‑year average of 31 decisions per year.

Connick said rulemaking and clarifying decisions have been a priority after enactment of the Farm Laborers Fair Labor Practices Act (FLPA), which he called "innovative" and said raised new questions in implementation. He noted PERB adopted a rule in October to address a court question about the statute and that the board filed several proposed rules in April to address other issues. "Seventeen of those decisions have had to do with FLPA," he said.

Committee members repeatedly asked about staffing and language access for farm workers and other claimants. Senator Hinchey thanked Connick "for expediting, and moving forward a number of cases," and asked what PERB needs to answer inquiries from farm workers and provide language access. Connick said he requested additional staffing in the most recent executive budget and that the Legislature approved the request. He said PERB is in the process of hiring new staff, including a private‑sector director and an ALJ focused on private‑sector issues, and that the agency currently has at least one bilingual election supervisor and one bilingual judge.

On federal labor agencies, Connick told the committee the Federal Mediation and Conciliation Service (FMCS) and the National Labor Relations Board (NLRB) have experienced staffing reductions that may affect dispute resolution. He said FMCS mediators nationwide have declined sharply and that the NLRB regional offices continue to take filings even as the board itself lacked a quorum. "We're going to try to offer mediators where there's going to be a strike where we can in the private sector," Connick said, adding PERB is examining whether the state needs different tools if federal capacity declines.

Several senators raised the March correction‑officer job actions and associated terminations. Senator Jackson asked whether PERB could adjudicate individual termination cases arising from the dispute; Connick replied that if an employee or union alleges a violation of the Taylor Law, they may file an improper‑practice charge with PERB and the agency would process it, but he declined to comment on specific pending or potential litigation.

After the question period, Senator Liu moved to advance Connick’s nomination; Senator Hinchey seconded. The committee voice‑voted to move the nomination to the floor, with no recorded opposition. The committee then advanced the nomination of Barbara Diehart (an unpaid PERB appointment that did not require an appearance) by motion; Senators Lou and Muñoz seconded and the committee voice‑voted approval. Civil Service and Pensions submitted the voting sheet for the nominations as noted on the record.

Connick asked the committee for support to continue implementing PERB’s workload reductions and rulemaking. "We're making dramatic progress," he said. He thanked senators for the opportunity to continue in the role.

The committee concluded the hearing after advancing both nominees to the full Senate for consideration.