Impasse procedures follow duty to negotiate PERB decisions: Cases U-5649; U-5834; U-5870 and U-6013 When the City of Newburgh decided to reduce the number of firefighters on each shift from 12 to 11, the Union sought to negotiate the impact of the reduction. A number of charges of unfair labor practices were filed by the Union and the City, which were eventually addressed by. Of major significance is PERB's decision that "In settling U-5649, the City assumed an obligation to negotiate the impact of its reduction in force. Thus, even if there was a basic contract between the parties whose terms would have relieved the City of an obligation to negotiate the impact of its reduction of forces, the City, by its subsequent agreement to negotiate, waived its right to stand on that contract." Further, the settlement permitted the impasse procedure to be activated if the parties could not agree. The impasse procedures described in Section 209 of the Civil Service Law apply wherever there is a duty to negotiate and the parties fail to reach agreement according to PERB.
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