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| | NYS PERB DECISIONS |
 | | The Board, however, found that neither the Federation nor the District had raised timeliness as a defense in their pleadings and, indeed, the Federation had argued at the hearing that Sobie had requested no assistance from the Federation prior to her request that the Federation pursue her grievance to arbitration. |
 | | That Zito did not agree with the Federation’s position does not establish a violation as a union is given a wide degree of latitude in the filing and prosecution of grievances. |
 | | The Federation affirmed that it does not have the right to strike, the District supported the application and the Board determined that, based upon the evidence submitted, the Federation had not engaged in, caused, instigated, encouraged, condoned or threatened a strike against the District since the above-stated violation. |
| www.perb.state.ny.us /decarc2001.asp (15480 words) |
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