THE TRANSFER OF UNIT WORK - THE DUTY TO BARGAIN IN NEW-YORK-STATE PUBLIC AGENCIES

This article analyzes a series of decisions by New York Public Employm ent Relations Board on the issue of whether outsourcing work to an out side contractor or a different internal department constitutes a viola tion of the agency's ''duty to bargain,'' as prescribed by law. Two ma in elements are cited in the decisions as determining factors: 1) the nature and similarity of the work, and 2) whether the work had previou sly been done exclusively by bargaining-unit members. The ''balancing test,'' which weighs the interests of the employer against those of th e employees, and the ''compelling need defense'' are also covered in t his article.