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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. MISSING
Regular Panel Decision

In re the Arbitration Between City of Oswego & Oswego City Firefighters Ass'n, Local 2707

The City of Oswego appealed an order denying its petition to vacate an arbitration award and confirming the award in favor of the Oswego City Firefighters Association, Local 2707. The City contended that the arbitrator exceeded his authority by contravening the Retirement and Social Security Law and Civil Service Law regarding firefighter retirement contributions. The central issue was whether an expired collective bargaining agreement remained in effect under the Triborough doctrine, thereby obligating the City to pay firefighter contributions to the New York State Police and Fireman’s Retirement System for newly hired employees. The court affirmed the lower court's decision, concluding that the arbitration award was not contrary to statutes or public policy. It held that the Triborough doctrine maintained the terms of the expired agreement until a new one was negotiated, thus the Section 8 exception applied to the firefighters.

ArbitrationPublic EmployerCollective Bargaining AgreementRetirement BenefitsCivil Service LawRetirement and Social Security LawTriborough DoctrineGrievanceStatutory InterpretationAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

Uniformed Firefighters Ass'n, Local 94 v. City of New York

The Uniformed Firefighters Association (UFA) and individual firefighters sued the City of New York, challenging the denial of seniority credit for promotional purposes to firefighters initially re-employed under federal programs (CETA and HUD) in "provisional" capacities after layoffs. Plaintiffs argued violations of the CETA statute and the Equal Protection Clause. The District Court found no private right of action under CETA, asserting that its grievance procedures were exclusive. The court also determined that the City had a rational basis for distinguishing between provisional and permanent employees regarding seniority, citing New York Civil Service Law requirements. Consequently, the defendants' motion to dismiss the complaint for failure to state a claim was granted.

Seniority RightsProvisional EmploymentCETA ProgramHUD ProgramCivil Service LawEqual Protection ClauseMotion to DismissFederal FundingBudgetary CrisisFirefighters
References
10
Case No. MISSING
Regular Panel Decision

Gallagher v. City of New York

This appeal addresses whether the decision to prioritize a promotional list for firefighter candidates, composed of Emergency Medical Technicians (EMTs) and paramedics within the Fire Department, over an open competitive examination list was arbitrary and capricious or violated the New York State Constitution's Merit and Fitness Clause. The Fire Department and the Department of Citywide Administrative Services (DCAS) determined that EMS personnel had sufficient overlap in responsibilities with firefighters to warrant a promotional pathway. The Supreme Court initially sided with the petitioner, the Uniformed Firefighters Association, finding the preference arbitrary. However, the appellate court reversed, deferring to DCAS's expertise and finding their policy of exhausting promotional lists before open competitive lists rational and consistent with Civil Service Law, even if it meant appointing lower-scoring candidates from the promotional list first due to their prior experience.

Promotional ExamCivil ServiceMerit and Fitness ClauseFirefighter AppointmentsEMTsParamedicsOpen Competitive ExamPublic EmploymentJudicial ReviewCivil Service Law
References
16
Case No. MISSING
Regular Panel Decision

City of Cohoes v. Uniform Firefighters of Cohoes, Local 2562

The City of Cohoes, as petitioner, sought to prevent arbitration initiated by the Uniform Firefighters of Cohoes, Local 2562, concerning "light duty" assignments for "nonworking" firefighters under General Municipal Law § 207-a (3). The union argued for due process hearings and the arbitrability of these assignments based on their collective bargaining agreement. Justice Harold J. Hughes, however, ruled that issues related to General Municipal Law § 207-a (3) are not subject to arbitration. The court emphasized a strong public policy and established decisional law which supports municipal employers' flexibility in assigning light duty and deems the statute self-contained, separate from contractual arbitration. Consequently, the petitioner's application to stay arbitration was granted, with the court noting that any abuse of employer discretion remains subject to judicial review.

Arbitration StayGeneral Municipal Law 207-aLight DutyFirefighter BenefitsPublic Policy ExceptionCollective BargainingEmployer AuthorityDisabled EmployeesTaylor LawMunicipal Employers
References
14
Case No. 2022 NY Slip Op 02174
Regular Panel Decision
Mar 31, 2022

Matter of City of Troy (Troy Uniformed Firefighters Assn., Local 86 IAFF, AFL-CIO)

This case concerns an appeal by the City of Troy against a Supreme Court order that denied its application to permanently stay arbitration with the Troy Uniformed Firefighters Association. The dispute arose from the City's implementation of COVID-19 pandemic executive orders, which resulted in non-essential civilian employees working from home or taking leave, while essential firefighters remained on duty. The union filed a grievance seeking equal paid time off or monetary compensation for its members. The Appellate Division, Third Department, reversed the Supreme Court's order, concluding that arbitration of the dispute was precluded as a matter of public policy. The court reasoned that the City's actions were a required compliance with statewide public health directives during an extraordinary emergency, and therefore, could not constitute a breach of the collective bargaining agreement that would warrant arbitration.

ArbitrationPublic Policy ExceptionCollective Bargaining AgreementCOVID-19 PandemicExecutive OrdersEssential WorkersGrievanceAppellate ReviewMunicipal LawLabor Relations
References
11
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. 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. 2023 NY Slip Op 00573
Regular Panel Decision
Feb 03, 2023

Matter of Syracuse Firefighters Assn. v. City of Syracuse

The City of Syracuse appealed an order and judgment from Supreme Court, Onondaga County, which confirmed an arbitration award in favor of the Syracuse Firefighters Association and denied the City's cross motion to vacate it. The Appellate Division, Fourth Department, affirmed the Supreme Court's decision, emphasizing the extremely limited scope of judicial review for arbitration awards. The court noted that an award can only be vacated if the arbitrator exceeds their power, such as violating strong public policy, acting irrationally, or exceeding explicit limitations. In this case, the Appellate Division found that the arbitrator merely interpreted and applied the provisions of the relevant collective bargaining agreement, which is within an arbitrator's authority, and thus upheld the award.

Arbitration AwardCollective Bargaining AgreementJudicial ReviewAppellate DivisionConfirm ArbitrationVacate ArbitrationArbitrator's AuthorityPublic PolicyCPLR Article 75Labor Dispute
References
7
Case No. 2015 NY Slip Op 07672 [132 AD3d 887]
Regular Panel Decision
Oct 21, 2015

Matter of Village of Garden City v. Local 1588, Professional Firefighters Assn.

The Village of Garden City appealed an order denying its petition to permanently stay arbitration and granting the Professional Firefighters Association's motion to compel arbitration. The dispute arose after the Village decided to lay off six bargaining unit members and assign their work to nonbargaining unit volunteers, leading the Association to file a grievance and request arbitration. The Supreme Court, Nassau County, found that the parties' collective bargaining agreement permitted arbitration of these issues and that it was not against public policy. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that there was no statutory, constitutional, or public policy prohibition against arbitrating the grievance. The Court also noted that previous decisions had implicitly acknowledged the arbitrability of assigning bargaining unit work to volunteers, and the grievances were reasonably related to the CBA.

Arbitration DisputeCollective Bargaining AgreementPublic Sector EmploymentLayoff GrievanceAssignment of WorkAppellate DivisionNassau CountyStay of ArbitrationCompel ArbitrationManagement Rights
References
14
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