In the Matter of Rush-Henrietta Central School District v. Newman, et al.

The school district sought an annulment of the decision of the Public Employment Relations Board (PERB) which ordered the district to rescind its prohibition against smoking in district buildings and buses on the grounds that it is a subject of mandatory collective bargaining.  The Supreme Court of New York, Appellate Division, Fourth Department, modified the PERB decision, ruling that the district’s ban on smoking on buses must stand because the Commissioner of Education has issued a regulation “which preempts the District’s obligation to negotiate such a ban.”

542 N.Y.S. 2d 440, 151 A.D. 2d 1001; 1989 N.Y. App. Div. LEXIS 8329, (Supreme Ct., N.Y., App. Div., 4th Dept. 1989).