Crosson v. New York State Supreme Court Officers Ass'n

157 Misc. 2d 390, 596 N.Y.S.2d 1007, 1993 N.Y. Misc. LEXIS 129
CourtNew York Supreme Court
DecidedMarch 19, 1993
StatusPublished
Cited by1 cases

This text of 157 Misc. 2d 390 (Crosson v. New York State Supreme Court Officers 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
Crosson v. New York State Supreme Court Officers Ass'n, 157 Misc. 2d 390, 596 N.Y.S.2d 1007, 1993 N.Y. Misc. LEXIS 129 (N.Y. Super. Ct. 1993).

Opinion

OPINION OF THE COURT

Beverly S. Cohen, J.

This is an application by petitioner Matthew T. Crosson (Crosson), as Chief Administrator of the Courts of the Unified [391]*391Court System (UCS) of the State of New York, pursuant to CPLR 7511, to vacate an arbitration award. Respondents, the New York State Supreme Court Officers Association, ILA, Local 2013, AFL-CIO (the Union), and its president, Glenn Riddell, seek to confirm the award, pursuant to CPLR 7510.

On June 14, 1978, in response to complaints about the uneven distribution of overtime to court officers in New York City in connection with sequestered and deliberating juries, court administrators issued guidelines contained in a memorandum entitled "Citywide Program for Assignment of Senior Court Officers to Deliberating and Sequestered Juries” (the Guidelines) in an attempt at equitably distributing overtime to court officers. Under the Guidelines, court officers who indicated their availability to work overtime receive overtime jury assignments based upon the number of overtime hours worked in that calendar year by the employee. The employee with the least number of overtime hours worked so far that calendar year receives the first available overtime jury assignment. The next assignment goes to the employee with the next least number of overtime hours worked, and so on. The Guidelines also provide that officers assigned to a part at the time the jury commences deliberations "will remain with the jury until conclusion of the case or until such time as discharged or until those assigned request relief,” except that "in no case will an SCO [Senior Court Officer] or Part Captain be permitted to accompany a jury to a hotel overnight more than two consecutive nights”.

It appears that these Guidelines have been applied to distribute overtime equitably among court officers in virtually all but three of over 13,000 jury cases held in New York City since the Guidelines were issued in 1978. This proceeding arises from grievances filed by the Union based on a failure by the UCS to adhere to the Guidelines in two highly publicized, sensational trials involving serious felony charges against Robert Chambers and John Gotti in 1988 and 1990, respectively.

It appears that in the Chambers trial — for which the jury was sequestered from March 17, 1988 through March 25, 1988 —because of special security concerns unique to that trial, overtime relief for the court officer part crew during jury sequestration was drawn from the hallway security detail already working the trial. It appears that on the third night following jury sequestration, a problem arose; and, in order to provide continuity in security and to avoid the possibility of a [392]*392security breach and mistrial, the sergeant in charge of the part crew remained on duty without overtime relief.

In the Gotti trial, which commenced on January 8, 1990, special security precautions were taken to provide for the security and integrity of the unusually large jury, after information concerning threats of possible jury tampering was furnished from the District Attorney’s office, the FBI and the New York City Police Department’s Intelligence Unit. In order to limit the number of people having contact with the Gotti jury and to provide continuity in security better to detect any irregularities or unusual occurrences, three fixed, oversized part crews of court officers of constant membership that rotated security assignments — including overtime — every two days were utilized.

The Union filed grievances under the parties’ collective bargaining agreement, based upon article 10, which provides, in pertinent part, as follows:

"overtime
"10.4 Authorization for Overtime Work
"(d) The Deputy Chief Administrative Judge (New York City Courts) will take all reasonable steps to provide for an equitable distribution of scheduled overtime opportunities among qualified permanent employees of the appropriate work unit
* * *
"10.11 Exceptions. The restrictions and limitations contained in this Article may be waived by the Deputy Chief Administrator for Management Support Whenever he determines that strict adherence to the rules would be detrimental to the sound and orderly administration of the Unified Court System.” (Emphasis added.)

By mutual agreement, the Chambers and Gotti trial overtime grievances were consolidated for arbitration before arbitrator Margaret S. Liebowitz. Arbitration hearings were held on July 8, 1991; July 9, 1991; July 10, 1991; September 19, 1991; October 10, 1991 and October 17, 1991; and the parties stipulated to the following issue presented to the arbitrator for decision:

"Did the State deviate from the requirements of the 'Citywide Program for the Assignment of Senior Court Officers to Deliberating and Sequestered Juries’ and its related practices in connection with the trials of Robert Chambers and John Gotti in violation of Section 10.4 (d) of the 1985-1988 and 1988-1991 collective bargaining agreements, respectively?
[393]*393"If so, what shall be the appropriate remedy?”

The UCS argued that its deviation from the Guidelines was justified by the unusual circumstances presented by the Chambers and Gotti trials, and that it was justified under the broad rubric of "Management Rights” as set forth in article 5 of the collective bargaining agreement, which provides as follows:

"management rights
"Except as expressly limited by other provisions of this Agreement, all of the authority, rights and responsibilities possessed by the State are retained by it, including but not limited to, the right to determine the purposes and policies of the State Judiciary; the right to determine the facilities, methods, means and number of personnel required for conduct of State Judiciary programs; the right to administer the Merit System pursuant to law; the right to direct, deploy, determine the size of, and utilize, the work force; the right to transfer employees to other work; the right to contract out for goods or services; the right to establish or to change existing positions in accordance with law; and the right to promote, discipline or discharge employees in accordance with law and the provisions of this Agreement.” (Emphasis added.)
By opinion and award dated May 27, 1992, the arbitrator held that the Guidelines constituted an "agreement” and a "binding past practice,” and that "both Section 10.4 (d) and the Citywide Program expressly limit management’s rights under Article 5”; and, that the employer was not permitted "to deviate from its terms”. Therefore, the arbitrator "[did] not reach the issue of whether the special security precautions at both trials were valid [as UCS argued] or pretextual [as the Union argued]. Whether to accommodate special security needs or any other special circumstances, the employer did not retain the right in the Citywide Program document to order unilateral deviations.” (Arbitrator’s Opinion, at 36.)

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157 Misc. 2d 390, 596 N.Y.S.2d 1007, 1993 N.Y. Misc. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crosson-v-new-york-state-supreme-court-officers-assn-nysupct-1993.