Opinion
May 13, 1991
Appeal from the Nassau County Public Employment Relations Board.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with one bill of costs.
As the agency charged with implementing the policies of the Taylor Law (Civil Service Law § 200 et seq.), the Nassau County Public Employment Relations Board (hereinafter PERB) is presumed to have developed an expertise which requires us to accept its construction of that law if not unreasonable (see, Matter of Town of Mamaroneck PBA v New York State Pub. Employment Relations Bd., 66 N.Y.2d 722, 724). Unless PERB's determination is affected by an error of law or is arbitrary and capricious or is an abuse of discretion, this court will not interfere (see, CPLR 7803; Matter of Uniondale Union Free School Dist. v Newman, 140 A.D.2d 612).
We find that the record contains substantial evidence to support PERB's determination that a community of interest exists between the members of the Adjunct Faculty Association of Nassau Community College (hereinafter AFA), all of whom teach adjunct courses at Nassau Community College, and that the present makeup of AFA does not adversely affect the joint responsibilities of the college and the AFA members in serving the public (see, Civil Service Law § 207; cf., Matter of Pattison v Coffey, 102 A.D.2d 870).
Finally, we take note of the fact that AFA has existed since 1973, and its membership status has been affirmed on previous occasions on essentially the same facts (see, Matter of Uniondale Union Free School Dist. v Newman, 140 A.D.2d 612, supra; Matter of City School Dist. [Local 810], 18 PERB ¶ 4085). Thompson, J.P., Brown, Eiber and O'Brien, JJ., concur.