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Case No. 2023 NY Slip Op 01193 [214 AD3d 735]
Regular Panel Decision
Mar 08, 2023

Matter of Long Beach Professional Firefighters Assn. v. City of Long Beach

This case concerns a dispute between the Long Beach Professional Firefighters Association (union) and the City of Long Beach regarding the terms of employment for paramedics. The City had unilaterally set these terms, leading the union to file a grievance and subsequently seek arbitration. The arbitrator found that the City violated the collective bargaining agreement. The Supreme Court confirmed the arbitration award, which the City appealed. The Appellate Division affirmed the Supreme Court's order, ruling that the City failed to provide clear and convincing evidence to vacate the arbitration award on grounds of irrationality, manifest disregard of law, arbitrator misconduct, or violation of public policy.

Collective Bargaining AgreementArbitration AwardCPLR Article 75 ProceedingJudicial Review of ArbitrationPublic Policy ExceptionManifest Disregard of LawAppellate ReviewMunicipal EmploymentParamedicsGrievance
References
20
Case No. 2018 NY Slip Op 03356 [161 AD3d 855]
Regular Panel Decision
May 09, 2018

Matter of City of Long Beach v. Long Beach Professional Fire Fighters Assn., Local 287

The City of Long Beach (petitioner) appealed an order denying its petition to stay arbitration and granting the Long Beach Professional Fire Fighters Association, Local 287's (respondent) cross-motion to compel arbitration. The dispute arose after the City laid off firefighters and hired paramedics, setting the paramedics' terms of employment unilaterally. The union filed a grievance and demand for arbitration. The Supreme Court denied the City's petition and granted the union's cross-motion. On appeal, the Appellate Division, Second Department, held that arbitration of the claim regarding firefighter layoffs violated public policy, citing Civil Service Law § 80 (1) which grants public employers nondelegable discretion over staffing. However, the court found no public policy precluding arbitration of claims related to the paramedics' terms of employment, as permitted by the collective bargaining agreement. Therefore, the order was modified to grant the City's petition to stay arbitration of the layoff claim and deny the union's cross-motion to compel arbitration of that claim, while affirming the rest of the order.

ArbitrationCollective Bargaining AgreementPublic PolicyFirefighter LayoffsParamedics EmploymentCivil Service LawManagement PrerogativeTaylor LawAppellate ReviewLabor Dispute
References
15
Case No. 2016 NY Slip Op 00977 [136 AD3d 824]
Regular Panel Decision
Feb 10, 2016

Matter of Long Beach Professional Firefighters Assn., Local 287 v. City of Long Beach

Jay Gusler, a lieutenant in the City of Long Beach Fire Department and a member of Long Beach Professional Firefighters Association, Local 287, was demoted to firefighter. This demotion followed a disciplinary proceeding presided over by Robert L. Douglas, as per a settlement agreement between the City and the Association. The appellants (Gusler and the Association) initiated a CPLR article 78 proceeding to challenge the demotion, arguing Douglas lacked authority under the City Code. The Supreme Court, Nassau County, dismissed the proceeding. The Appellate Division, Second Department, affirmed this decision, finding that the City and Association could negotiate a collective bargaining agreement allowing demotion, and Douglas acted within the authority granted by their settlement agreement.

DemotionFirefightersCollective Bargaining AgreementSettlement AgreementDisciplinary ProceedingsArticle 78 ProceedingArbitrator AuthorityCity CodePublic EmploymentAppellate Review
References
6
Case No. 2016 NY Slip Op 06495 [143 AD3d 710]
Regular Panel Decision
Oct 05, 2016

Matter of City of Long Beach v. Long Beach Professional Firefighters Assn., Local 287

The City of Long Beach appealed an order and judgment from the Supreme Court, Nassau County, which denied its petition to vacate an arbitration award. The Appellate Division, Second Department, reviewed the case, reiterating that judicial review of arbitration awards is extremely limited, permissible only if the award violates strong public policy, is irrational, or clearly exceeds the arbitrator's power. The Court found that the arbitrator did not apply an incorrect standard of review and that the award itself did not violate public policy, was not irrational, and did not clearly exceed a specifically enumerated limitation on the arbitrator's power. Consequently, the Appellate Division affirmed the lower court's order and judgment.

Arbitration awardJudicial reviewPublic policy violationIrrational arbitrationArbitrator's powerAppellate Division Second DepartmentCPLR Article 75Vacate arbitration awardFirefighters Association disputeNassau County Supreme Court
References
10
Case No. No. 70
Regular Panel Decision
Oct 25, 2022

The Matter of City of Long Beach v. New York State Public Employment , Relations Board

This case addresses whether the Taylor Law requires municipalities to engage in collective bargaining over pre-termination procedures for employees absent for over a year due to line-of-duty injuries under Civil Service Law § 71. The City of Long Beach challenged a Public Employment Relations Board (PERB) ruling that mandated such bargaining. The New York Court of Appeals reversed the Appellate Division's decision, which had sided with the City, and reinstated the Supreme Court's judgment affirming PERB. The Court held that legislative intent to remove this issue from mandatory bargaining was not clear, and therefore, pre-termination procedures are a mandatory subject of collective bargaining.

Collective BargainingTaylor LawCivil Service Law § 71Public Employment Relations BoardMunicipal EmploymentTermination ProceduresLine-of-Duty InjuryStatutory InterpretationMandatory BargainingDue Process
References
14
Case No. 2022 NY Slip Op 06474 [210 AD3d 881]
Regular Panel Decision
Nov 16, 2022

Jarnutowski v. City of Long Beach

Lukasz Jarnutowski sustained personal injuries at a construction site in a City of Long Beach Sanitation Department building in November 2016. He commenced an action against the City, alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court denied the City's motion for summary judgment to dismiss the complaint and Jarnutowski's cross-motion for summary judgment on Labor Law § 240 (1) liability. On appeal, the Appellate Division affirmed the denial of summary judgment concerning Labor Law §§ 240 (1) and 241 (6) due to triable issues of fact. However, the court modified the order by granting the City's motion to dismiss the Labor Law § 200 and common-law negligence claims, concluding that the City had no supervision or control over the plaintiff's work.

Construction accidentPersonal injurySummary judgmentLabor Law § 240 (1) liabilityLabor Law § 200 claimsLabor Law § 241 (6) claimsCommon-law negligenceNondelegable dutySafe place to workSupervision and control
References
9
Case No. 2020 NY Slip Op 05504 [187 AD3d 745]
Regular Panel Decision
Oct 07, 2020

Matter of City of Long Beach v. New York State Pub. Empl. Relations Bd.

The City of Long Beach appealed a Supreme Court, Nassau County, order that granted a motion by the New York State Public Employment Relations Board (PERB) to dismiss the City's petition. The City sought to review a PERB determination that it violated Civil Service Law § 209-a (1) (d) by refusing to negotiate the procedure for separating an employee under Civil Service Law § 71. The Appellate Division, Second Department, reversed the lower court's order, denied PERB's motion to dismiss, granted the City's petition, declared PERB's determination null and void, and dismissed the improper practice charge with prejudice. The court held that Civil Service Law § 71 and 4 NYCRR 5.9 provide specific directives that leave no room for negotiation of termination procedures, thereby overcoming the presumption in favor of collective bargaining.

Public EmploymentCollective BargainingCivil Service LawTermination ProceduresImproper Practice ChargePERBAppellate ReviewStatutory ConstructionMandatory BargainingNondelegable Statutory Responsibilities
References
7
Case No. MISSING
Regular Panel Decision

City of Long Beach v. Long Beach Professional Firefighters Ass'n

The City of Long Beach petitioned to permanently stay arbitration initiated by Brian McNamara and the Long Beach Professional Firefighters Association (Union) concerning McNamara's disciplinary charges. The Union cross-petitioned to compel arbitration and disqualify City Manager Jack Schnirman as the hearing officer due to alleged bias. The court, interpreting the Collective Bargaining Agreement (CBA), determined that the City Manager was mandated to conduct the initial disciplinary hearing, with arbitration only permissible as a review mechanism after the City Manager's determination or if he declined to hold the hearing. Consequently, the court granted the City's petition, permanently staying the AAA arbitration. The Union's cross-petition to disqualify Schnirman, based on claims of bias, was denied, as the CBA allows the City Manager to preside and no actual disqualifying bias was found.

ArbitrationCollective Bargaining AgreementDisciplinary ProceedingsCity ManagerFirefighters UnionPublic Sector ArbitrationStay of ArbitrationCompel ArbitrationBias AllegationsWorkplace Violence Policy
References
8
Case No. 03-1956
Regular Panel Decision

Garcia v. Scoppetta

Plaintiff Michele Garcia, a member of a subclass in Nicholson v. Williams, sued officials and employees of the Administration for Children’s Services (ACS) and the City of New York under 42 U.S.C. § 1983 for malicious prosecution. She alleged constitutional violations stemming from child protective proceedings initiated against her maliciously and without probable cause. Defendants moved to dismiss based on res judicata or, alternatively, qualified immunity for individual defendants. The court ruled that Garcia's malicious prosecution claim was not precluded by her prior suit (Garcia I) because the operative facts giving rise to the claim arose after Garcia I was filed and terminated. However, the court granted qualified immunity to the individual defendants, concluding that the law regarding the definition of a 'neglected child' and the justification for initiating neglect proceedings was not clearly established at the time of their actions, especially given pending certified questions to the New York Court of Appeals in Nicholson v. Scoppetta. The City's motion to dismiss was denied, and the court also denied certification for interlocutory appeal for both decisions.

Child Protective ProceedingsMalicious ProsecutionRes JudicataQualified ImmunityFederal Civil RightsDue ProcessFamily Court ActDomestic ViolenceChild NeglectSecond Circuit
References
40
Case No. ADJ8657704
Regular
Oct 22, 2013

CLARA GARCIA vs. CITY OF LONG BEACH

The Workers' Compensation Appeals Board denied Clara Garcia's petition for reconsideration. The Board adopted the Workers' Compensation Judge's report, which found Garcia to be an independent contractor, not an employee, of the City of Long Beach. This determination was based on several factors, including Garcia's control over her curriculum, her ability to hire substitutes, and her sale of props. The Board's order upholds the original finding that Garcia is not entitled to workers' compensation benefits under an employment relationship.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeIndependent ContractorEmployee StatusBorello FactorsControl TestDance InstructorCumulative TraumaSpecific Injury
References
0
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