Hughes v. Doherty

833 N.E.2d 228, 5 N.Y.3d 100, 800 N.Y.S.2d 85, 2005 N.Y. LEXIS 1256, 178 L.R.R.M. (BNA) 2428
CourtNew York Court of Appeals
DecidedJune 16, 2005
StatusPublished
Cited by261 cases

This text of 833 N.E.2d 228 (Hughes v. Doherty) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hughes v. Doherty, 833 N.E.2d 228, 5 N.Y.3d 100, 800 N.Y.S.2d 85, 2005 N.Y. LEXIS 1256, 178 L.R.R.M. (BNA) 2428 (N.Y. 2005).

Opinion

[103]*103OPINION OF THE COURT

Ciparick, J.

The sole issue before this Court is whether the New York City Department of Sanitation (DOS) acted irrationally in determining that the title “oiler” is not in the direct line of promotion to the job titles “crane operator” and “tractor operator” when it refused to allow laid-off DOS crane and tractor operators to replace provisional oilers. We conclude that DOS, through the New York City Department of Citywide Administrative Services (DCAS), acted rationally and within its authority, and we reverse the order of the Appellate Division and dismiss the petition.

James Hughes and Joseph Konczynski commenced this CPLR article 78 proceeding on behalf of themselves and similarly situated members of International Union of Operating Engineers Local 14-14B and Local 15, 15A, 15C, 15D, AFL-CIO1 (collectively petitioners) against John J. Doherty as DOS Commissioner. Among other relief, the petition sought a recision of layoffs, back pay and reassignment to their former positions.

Petitioners were employed by DOS at the Fresh Kills landfill in Staten Island. In 1996, the State Legislature declared that Fresh Kills would be prohibited from accepting solid waste after January 1, 2002. Although the landfill effectively ceased operations in early 2001, the site was briefly reopened when it became an integral part of the post-September 11 recovery operation. However, after the recovery operation slowed down, the facility began to downsize.

The titles targeted for layoffs included crane and tractor operators. Prior to the layoffs, DCAS reviewed the proposed layoffs to determine if anyone was eligible for special transfers or whether there was another way to salvage the positions. Of the 12 crane operators at Fresh Kills, one was retained on site and the other 11 were scheduled for ^layoffs after it was determined that there were no other vacant or provisional crane operator titles. Of the 71 permanent tractor operators, 14 of the most senior operators were retained by DOS and six were transferred to other city agencies. The remaining 51 were also subject to layoff. On December 6, 2002, the layoffs were implemented.

[104]*104Petitioners argued that the position of oiler falls within the direct line of promotion for tractor and crane operator or, in the alternative, that the positions should be considered comparable for layoff purposes. Supreme Court rejected the alternative argument but agreed with petitioners that the position of oiler was a “de facto” lower grade title in direct line of promotion for both crane operator and tractor operator. The court stated, “[t]he decision not to consider the oiler as such has no basis in reason or fact.” Supreme Court directed that the laid-off crane and tractor operators be placed on a preferred list and that they replace individuals holding provisional oiler positions pursuant to Civil Service Law § 81. The Appellate Division affirmed, holding that the agency acted arbitrarily and capriciously in not finding a direct line of promotion from oiler to crane and tractor operators. We granted leave to appeal and now reverse.

Civil Service Law § 81 provides that after abolition of a position, the individuals who are subject to layoffs are placed on a preferred list. That list is used to fill vacancies “first, in the same or similar position; second, in any position in a lower grade in line of promotion; and third, in any comparable position” (Civil Service Law § 81 [1]). As no vacant or provisional tractor or crane operator positions were available, the issue was narrowed to whether there existed a lower grade in line of promotion to crane operator or tractor operator, or whether there were any comparable positions.

A review of the respective job title classifications issued by DCAS reveals that since 1974 the primary duties of an oiler have been described as “the lubrication of power plant, pumping and/or construction equipment.” There is a multiple choice examination for the position and the direct lines of promotion are listed as only stationary engineer and electric stationary engineer, not crane or tractor operator.

A tractor operator, on the other hand, is described as one who “operates and does minor maintenance on refuse haulers . . . at landfills and other projects of the City of New York.” A practical examination is required and the title states that no current direct line of promotion in either direction exists for the title. The crane operator is listed as one who “operates, maintains and makes such minor repairs as are necessary to ensure continued operation of cranes.” A practical examination is also required for this title and although there is no direct line of promotion to the position of crane operator, there is a promotional line leading to supervisor crane operator.

[105]*105When promotional series exist—that is, certain job titles are in a line of promotion to other job titles—the higher title is open only to employees being promoted from the lower grade job, based on a required promotional examination. Otherwise, jobs are filled by a competitive examination open to everyone who fits the specified qualifications. Here it is undisputed that the job title “oiler” is not currently classified as a lower grade title in the line of promotion to tractor or crane operator. The positions of crane operator, tractor operator and oiler are all based on open competitive examinations. The relevant aspects of the present classification system have been in place for over 30 years. Indeed, petitioners have benefitted from the very job classification system whose propriety they now seek to challenge, inasmuch as the open competitive system has enabled those who were not then employed by the City as oilers to apply for jobs that would otherwise have been closed to them.

Nevertheless, Supreme Court found that the oiler title was a “de facto” lower grade title in the line of promotion to crane and tractor operator, based primarily on the prior classification of a now superseded job title. The court determined that DCAS had failed to establish that the elimination of the oiler title from the relevant line of promotion after reclassification in 1974 was rational and therefore overruled the agency’s determination. That was error.

DCAS maintains both policy-making authority and functional responsibility for civil service matters in New York City (see NY City Charter § 813; see also Matter of City of New York v City Civ. Serv. Commn., 60 NY2d 436, 442 [1983]). As an administrative agency, DCAS is afforded discretion in its actions. Accordingly, judicial review of DCAS’s classification system and determinations are limited to whether there was a rational basis for the agency’s conclusion (see CPLR 7803 [3]; see also Matter of Sullivan County Harness Racing Assn. v Glasser, 30 NY2d 269, 277-278 [1972]). Unless the administrative agency’s determinations were arbitrary or capricious, a court should not undermine its actions (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231 [1974]).

We hold that DCAS acted within its discretion in finding that an oiler was not in the direct line of promotion to the position of crane operator or tractor operator. Furthermore, the fact, relied on by Supreme Court, that the 1964 classification for [106]*106“portable oiler”2

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Bluebook (online)
833 N.E.2d 228, 5 N.Y.3d 100, 800 N.Y.S.2d 85, 2005 N.Y. LEXIS 1256, 178 L.R.R.M. (BNA) 2428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-doherty-ny-2005.