February 2014



  News from the Suffolk County Village Officials Association



Executive Board



Mayor Ralph A. Scordino
Village of Babylon

1st Vice President

Mayor Allan M. Dorman
Village of Islandia

2nd Vice President

Mayor Richard B. Smith
Village of Nissequogue


  Mayor Thomas A. Brennan 
Village of Lindenhurst 

Past President

Mayor Paul V. Pontieri, Jr.
Village of Patchogue


Past President
Mayor Paul F. Rickenbach, Jr.
Village of East Hampton


President Emeritus 
Hon. Peter T. Imbert
Former Mayor,
Village of Amityville

Executive Director

Hon. Paul J. Tonna
Former Suffolk County Presiding Officer 



Hon. Peter A. Bee, Esq.
Former Mayor,
Village of Garden City

Project Manager
Deborah Young 




Suffolk County Village Officials Association
69 Chichester Road
Huntington, NY 11743




 To All Village Officials:


From time to time, a mayor wonders why a "management" employee is in a union, and simultaneously wonders how to get such a person out of the union.  Some of the answers may be found in the following rough summary--though there are specific subtleties and procedural rules that can trip you up, and for which you should consult with your village attorney.


Unlike private sector law (where supervisory personnel may not unionize), the right to unionize exists for all public employees excepting only those who have received a written and individualized designation from the NYS Public Employment Relations Board (PERB) to be either "managerial" or "confidential."  However, "managerial" doesn't mean "management," and "confidential" doesn't simply mean "handles confidential information." 


Employees may only be designated as "managerial" by PERB if they are persons: (i) who have significant input into policy or  (ii)  who  may reasonably  be  required to assist  directly in collective  negotiations or who have a major and non-routine role in personnel administration.


Employees may only be designated as "confidential" if they are persons who assist and act in a confidential capacity to managerial employees.  To obtain the designation of "confidential," the employee must be shown to actually be acting in a confidential capacity to a managerial employee, and the confidential capacity must relate to the managerial employee's collective bargaining/personnel administration duties.


If you can identify a person who meets either of the above criteria, you may file a petition with PERB to take the individual out of the union.  Important to note is that it is persons, not positions, which get designated by PERB, and that applications for such designations must be filed (under PERB rules) during specific time periods.


If you have any questions, consult with your village attorney.


Hon. Peter A. Bee


Suffolk County Village Officials Association