City of New York v. Patrolmen's Benevolent Ass'n

169 Misc. 2d 566, 642 N.Y.S.2d 1003, 1996 N.Y. Misc. LEXIS 155
CourtNew York Supreme Court
DecidedApril 10, 1996
StatusPublished
Cited by2 cases

This text of 169 Misc. 2d 566 (City of New York v. Patrolmen's Benevolent Ass'n) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of New York v. Patrolmen's Benevolent Ass'n, 169 Misc. 2d 566, 642 N.Y.S.2d 1003, 1996 N.Y. Misc. LEXIS 155 (N.Y. Super. Ct. 1996).

Opinion

OPINION OF THE COURT

Marylin G. Diamond, J.

The instant action arises out of a dispute between the City of New York (the City) and the Patrolmen’s Benevolent Association of the City of New York (the PBA), which represents nearly 35,000 New York City police officers, as to the manner in which their collective bargaining disputes are to be resolved. The City seeks a declaratory judgment declaring unconstitutional section 1 of chapter 13 of the Laws of 1996 (Section 1), which enables the State’s Public Employment Relations Board (PERB) to invoke its jurisdiction when collective bargaining negotiations between the City and its police officers reach an impasse. The City also seeks a judicial declaration that section 2 of chapter 13 (Section 2), which amended subdivisions (2) and (4) of Civil Service Law § 209 by repealing New York City’s exemption from PERB’s jurisdiction over collective bargaining negotiation impasses between the City and its firefighters and police officers, does not divest the New York City Board of Collective Bargaining (the BCB) of its jurisdiction over collective bargaining negotiations between the City and the PBA.

Statutory Framework

In 1967, the Legislature enacted the so-called "Taylor Law”, Civil Service Law §§ 200-214, in an attempt to provide an effective tool to avoid the recurrence of crippling labor strikes by public sector employees similar to those which occurred during the late 1960s. The Taylor Law provides a comprehensive framework for regulating collective bargaining between public employers, and the certified and recognized representatives of their employees so as: "to promote harmonious and cooperative relationships between government and its employees and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government” (Civil Service Law § 200). The Taylor Law created PERB to assist in resolving disputes between public employers and their employees (Civil Service Law § 205). PERB’s jurisdiction over such disputes, however, is not exclusive. The Taylor Law also permits localities to create neutral local governmental bodies [569]*569(commonly known as mini-PERBs) to govern public employment relations between a locality and its unionized employees (Civil Service Law § 212 [1]). If a locality chooses to create a mini-PERB, Civil Service Law § 212 (1) specifically exempts the local mini-PERB from PERB’s jurisdiction and its impasse procedures under Civil Service Law § 209. A locality, however, must submit to PERB its local provisions creating its miniPERB for PERB’s prior "substantial equivalency” determination before such local provisions become effective (Civil Service Law § 212 [1]). However, Civil Service Law § 212 (2) exempts the City from obtaining prior PERB approval of its mini-PERB provisions, which under this subdivision are presumptively deemed to be within PERB’s "substantial equivalency” requirement absent a judicial declaration to the contrary.

The City has opted to create its own mini-PERB, the New York City Office of Collective Bargaining (the OCB) (NY City Charter §§ 1170-1177; Administrative Code of City of NY §§ 12-301 — 12-316; 61 RCNY 1-01 — 1-15). The BCB is a constituent part of the OCB (NY City Charter § 1171). The OCB and the BCB have jurisdiction over the labor relations of all mayoral agencies, which include the New York City Police Department (Administrative Code § 12-304). Nassau, Suffolk, and Westchester Counties, the Town of Hempstead and the Syracuse City School District have also opted to create their own miniPERBs.

The Undisputed Facts

On March 31, 1995, the City’s collective bargaining agreement with its police officers expired. As required by the City’s Collective Bargaining Law (see, Administrative Code § 12-311 [d]) and the collective bargaining agreement, the police officers continue to work under the terms of the expired contract and are required to continue to do so until a successor contract is executed.

On November 28, 1995, James F. Hanley, Acting Commissioner of Labor Relations of the City of New York (Hanley), wrote to PBA president Louis Matarazzo (Matarazzo) requesting that Matarazzo enter into negotiations with the City concerning a new collective bargaining agreement. There was no response to Hanley’s letter. On January 4, 1996, Hanley again wrote to Matarazzo requesting that contract negotiations commence and asked that Matarazzo call his office "at [his] earliest convenience to schedule a bargaining session.” Again, there was no response.

[570]*570There were no official collective bargaining negotiations at any time prior to the November 28, 1995 correspondence to Matarazzo (see, James J. Lysaght Feb. 14, 1996 letter to PERB [the PBA takes "the position that at all times it was ready and willing to negotiate, and that the City, on the other hand, expressed absolutely no desire to negotiate, since it wished to await the outcome of collective bargaining with other unions, including the United Federation of Teachers and District Council 37”]).

On January 23, 1996, the City filed with the BCB a "Request for Appointment of Impasse Panel” claiming that "negotiations have been exhausted and conditions are appropriate for the naming of an impasse panel” (the Impasse Panel Request), and also claimed that: "The [PBA’s] conduct, particularly in light of the long delay that has occurred since the expiration of the previous collective bargaining agreement, constitutes nothing less than an absolute refusal to bargain on the part of the PBA. Clearly an impasse exists between the parties.” Simultaneous with this filing, the City also filed an improper practice petition with the BCB alleging that the PBA had delayed the start of bargaining for a successor contract in violation of Administrative Code § 12-306 (c) (l)-(3) (the Improper Practice Petition). The City sought injunctive relief directing the PBA to begin immediate negotiations on a new contract (61 RCNY 1-07 [Z]). On January 26, 1996, the BCB notified the City and the PBA that it had commenced investigations to ascertain whether statutory conditions for the appointment of an impasse panel had been met.

On January 8, 1996 legislation was introduced in Albany ostensibly designed to provide State-wide uniformity in the treatment of impasses arising in collective bargaining negotiations between the City and its police and firefighters (see, Jan. 24, 1996 Legis Debate, at 13). That legislation would permit PERB to invoke its jurisdiction and its impasse procedures when negotiations between the City and its police officers reach an impasse (see, L 1996, ch 13, § 1), and would permit the City or the certified representatives of its firefighters and police officers to request PERB’s assistance in resolving disputes between the parties that reach an impasse (see, L 1996, ch 13, § 2). The legislation passed both the Senate and the Assembly, and was presented to the Governor for his signature.

On February 9, 1996, Governor George E. Pataki vetoed the legislation based on his concerns about the legislation’s immediate effective date, the possibility of two-year impasse awards [571]*571despite the City’s four-year financial planning cycle, and the City’s ability to pay any award that may result. On February 12, 1996, the Legislature overrode his veto and enacted chapter 13 of the Laws of 1996.

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169 Misc. 2d 566, 642 N.Y.S.2d 1003, 1996 N.Y. Misc. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-patrolmens-benevolent-assn-nysupct-1996.