Implications of the First Department's Decision
on Rescission of Release Time Certificates.
Introduction
The constant struggle for balance between management's
authority to act unilaterally, and a union's ability to resist
such action, permeates labor relations. This is particularly true
in the public sector, where achieving stability involves weighing
issues of workers' rights and the public interest. Although the
question of whether an employer has the discretion or authority to
take certain actions necessarily informs how both management and
unions approach a particular situation, it is worth remembering
that the question of bare authority is not, and should not, always
be the end of the analysis. Even when an employer may, under
certain circumstances, have the authority to take a particular
action, the same action may be improper when taken for improper
reasons such as retaliation, anti-union animus or bad faith.
