New York Public Personnel Law: Concerning the employee organization’s duty to honor a unit member’s request to challenge an arbitration award

December 19, 2011

Concerning the employee organization’s duty to honor a unit member’s request to challenge an arbitration award

Concerning the employee organization’s duty to honor a unit member’s request to challenge an arbitration award

Albino v. the City of New York, 80 A.D.2d 261

A situation confronting public employee unions, and ultimately the employer, with increasing frequency is how far the union must go to meet its duty of providing those it represents with “fair representation.”

In Albino the Court provides a number of guidelines concerning this question.

The case arose when Albino was reassigned to a different work location after discussions with the Union. The reassignment was part of a reorganization of the Agency.

After the arbitrator ruled against the employee, the employee wanted the Union to appeal the award to the Court. The Union refused, indicating “that it appears that the arbitrator, in rendering a decision with which we do not agree, did not exceed his powers to interpret the terms of the agreement.”

The employee then attempted to sue the employer. The Court dismissed the case indicating that there was no evidence that there was any lack of fair representation by the Union.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.