On the basis of PERB's finding that an improper practice occurred, we concur with Supreme Court that Holcomb was entitled to an unconditional award of back pay and benefits. We further reject PERB's contention that this Court's decision inMatter of Pastore v. City of Troy ( 152 A.D.2d 808) commands otherwise. In Pastore, a probationary employee brought an article 78 proceeding alleging that his termination was in violation of local civil service rules which required periodic notification of a probationer's status and progress.
In support of his claim that he was discharged in bad faith, petitioner primarily relies upon respondents' alleged violation of rule XIV (5) of the Warren County Civil Service Rules, which requires, inter alia, that a probationer whose services are to be terminated for unsatisfactory performance receive written notice of such termination at least one week prior thereto. To be sure, a county civil service commission "is vested with the authority to establish rules for the conditions and extent of probationary service * * * which, when promulgated, have the force and effect of law" ( Matter of Colao v. Village of Ellenville, 223 A.D.2d 792, 793, lv dismissed, lv denied 87 N.Y.2d 1041 [citation omitted]), and a violation of such rules may be sufficient to trigger a trial on the issue of bad faith ( see, Matter of Pastore v. City of Troy, 152 A.D.2d 808). It is equally true, however, that the disciplinary procedures set forth in a collective bargaining agreement may be substituted for statutory procedures ( see, Matter of Millon v. Coughlin, 147 A.D.2d 765, 766, lv denied 74. N Y 2d 602), in which case an employee is "entitled to no more procedural protections than those expressly afforded him [or her] under the collective bargaining agreement" ( Matter of Robbins v. Malone Cent. School Dist., 182 A.D.2d 890, 892, appeal dismissed 80 N.Y.2d 825). Based upon our review of the collective bargaining agreement entered into between the Town and petitioner's bargaining agent, the Civil Service Employees Association, we are persuaded that the provisions of such agreement governing the discipline and dismissal of probationary employees are controlling and, hence, respondents' alleged violation of any local civil service rules does not provide a basis for petitioner's claim of bad faith.
To the extent that 2008-06 or any other rules of DOS impose restrictions on the circumstances in which a probationary employee can be terminated, DOS must act in accordance with these restrictions. See Pastore v. City of Troy, 152 A.D.2d 808, 808-9 (1989); see also Matter of Garcia v. LeFevre, 64 N.Y.2d 1001, 1003 (1985). A negotiated plea agreement in which a public employee facing disciplinary charges agrees to place himself on limited or unlimited probation is valid and enforceable where it is knowingly and freely entered into.