Mayor of New York v. Council of New York

874 N.E.2d 706, 9 N.Y.3d 23, 842 N.Y.S.2d 742
CourtNew York Court of Appeals
DecidedJune 12, 2007
StatusPublished
Cited by8 cases

This text of 874 N.E.2d 706 (Mayor of New York v. Council of New York) 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
Mayor of New York v. Council of New York, 874 N.E.2d 706, 9 N.Y.3d 23, 842 N.Y.S.2d 742 (N.Y. 2007).

Opinions

OPINION OF THE COURT

Smith, J.

The Mayor of New York City challenges the validity of two local laws, passed by the City Council over his veto, that give certain fire department employees the status of “uniformed” fire service members for collective bargaining purposes. Like Supreme Court and the Appellate Division, we reject the Mayor’s challenge. We hold that the local laws are not preempted by State law, and that the Council had the power to enact them without a referendum.

Facts and Procedural History

Local Law Nos. 18 and 19 (2001) of the City of New York confer “uniformed” status on people employed by the New York City Fire Department as fire alarm dispatchers and emergency medical technicians (EMTs). The effect of the local laws is to require the Mayor to bargain with unions representing these employees, rather than with unions representing the majority of employees citywide, over such matters as overtime and “time and leave” rules. To make this understandable, we must summarize several features of the State and local legislation that governs collective bargaining with public employees.

In general, labor relations in the public sector in New York State are governed by the Taylor Law, Civil Service Law § 200 et seq. But the Taylor Law contains a local option provision, Civil Service Law § 212, which permits local governments to enact their own counterparts to certain sections of the Taylor Law, and thus to displace the Taylor Law to that extent. The State statute requires that the local laws be “substantially equivalent” to the “provisions and procedures” of the Taylor Law itself (Civil Service Law § 212 [1], [2]). As to New York City, however, the issue of substantial equivalence can be raised only [29]*29in a declaratory judgment action brought by the Public Employment Relations Board (PERB) in New York County Supreme Court; unless and until such a challenge is brought and upheld, the City counterparts to Taylor Law provisions “shall be of full force and effect” (Civil Service Law § 212 [2]).

In 1967, the year of the Taylor Law’s enactment, New York City exercised its local option by adopting a local law known as the Collective Bargaining Law (CBL) (Local Law No. 53 [1967] of City of NY § 2, codified as Administrative Code of City of NY § 1173-1.0 et seq. [now § 12-301 et seq.)). Later the same year, the Mayor, in an executive order issued “pursuant to the New York City Collective Bargaining Law,” directed that there be citywide, rather than unit-by-unit, bargaining on certain subjects as to which citywide uniformity was thought especially important (Executive Order 52 of 1967 § 5 [a] [2], reprinted in City Record, Oct. 6, 1967, at 6341, 6342). Five years later, the substance of this provision of the Mayor’s order was incorporated, by local law (Local Law No. 1 [1972] of City of NY § 10), into the CBL itself. It is now codified as New York City Administrative Code § 12-307 (a) (2), which provides:

“matters which must be uniform for all employees subject to the career and salary plan, such as overtime and time and leave rules, shall be negotiated only with a certified employee organization, council or group of certified employee organizations designated by the board of certification as being the certified representative or representatives of bargaining units which include more than fifty percent of all such employees, but nothing contained herein shall be construed to deny to a public employer or certified employee organization the right to bargain for a variation or a particular application of any city-wide policy or any term of any agreement executed pursuant to this paragraph where considerations special and unique to a particular department, class of employees, or collective bargaining unit are involved” (emphasis added).

Thus, citywide collective bargaining is the general, though not invariable, rule as to “matters which must be uniform for all employees subject to the career and salary plan, such as overtime and time and leave rules.” The 1967 executive order, however, made “uniformed” employees an exception to this rule, and the exception, like the general rule, was added to the [30]*30CBL by local law in 1972. Thus, New York City Administrative Code § 12-307 (a) (4) provides: “all matters, including but not limited to pensions, overtime and time and leave rules which affect employees in the uniformed police, fire, sanitation and correction services . . . shall be negotiated with the certified employee organizations representing the employees involved.”

No party in this case disputes the validity of the 1967 local law that adopted the CBL, the 1967 executive order issued under the CBL’s authority, or the 1972 local law incorporating provisions of the executive order in the CBL.

The local laws at issue here, adopted in 2001, expanded the definition of “employees in the uniformed . . . fire . . . service [ ].” They added to New York City Administrative Code § 12-307 (a) (4) language saying that, for purposes of that paragraph, “employees of the uniformed fire service shall also include” fire alarm dispatchers, EMTs and their supervisors. Thus, the 2001 local laws made the dispatchers and EMTs, like firefighters and police officers, exempt from section 12-307 (a) (2)’s requirement of citywide bargaining.

The 2001 local laws were passed over the veto of then-Mayor Giuliani, who responded by bringing this action for a declaratory judgment that the local laws are invalid, and an injunction against their enforcement. Supreme Court granted summary judgment in the Council’s favor, declaring the laws valid. The Appellate Division affirmed, with two Justices dissenting. The Mayor appeals as of right, pursuant to CPLR 5601 (a), and we now affirm.

Discussion

The Mayor argues (1) that Local Laws 18 and 19 of 2001 are preempted by the Taylor Law and (2) that they were enacted in violation of mandatory referendum provisions of the Municipal Home Rule Law and the New York City Charter. We reject both arguments.

I

As we mentioned above, the Taylor Law permits local governments to supersede certain of its provisions, so long as the provisions and procedures of the local legislation are “substantially equivalent” to the ones they supersede (Civil Service Law § 212). The Mayor does not argue here that Local Laws 18 and 19 fail the substantial equivalence test, no doubt because he lacks standing to make that argument; only PERB can chai[31]*31lenge New York City local laws on substantial equivalence grounds (Civil Service Law § 212 [2]).

The Mayor does argue, however, that the local laws are inconsistent with the Taylor Law’s definition of “agreement”: “the result of the exchange of mutual promises between the chief executive officer of a public employer and an employee organization” (Civil Service Law § 201 [12]). It has been held, and the parties here do not dispute, that the Taylor Law prohibits local legislative bodies from usurping the executive’s prerogative to agree with unions on terms and conditions of employment (Matter of Doyle v City of Troy, 51 AD2d 845 [3d Dept 1976]). But these local laws do not violate that prohibition.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fossella v. Adams
2024 NY Slip Op 00891 (Appellate Division of the Supreme Court of New York, 2024)
Mayor of Mount Vernon v. City Council of Mount Vernon
87 A.D.3d 567 (Appellate Division of the Supreme Court of New York, 2011)
Molinari v. Bloomberg
Second Circuit, 2009
Molinari v. Bloomberg
596 F. Supp. 2d 546 (E.D. New York, 2009)
Shia v. McFarlane
46 A.D.3d 320 (Appellate Division of the Supreme Court of New York, 2007)
Mayor of New York v. Council of New York
874 N.E.2d 706 (New York Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
874 N.E.2d 706, 9 N.Y.3d 23, 842 N.Y.S.2d 742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayor-of-new-york-v-council-of-new-york-ny-2007.