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October 21, 2015

Absence of any reference to the benefit claimed in the collective bargaining agreement defeats the employee organization's breach of contract allegation


Absence of any reference to the benefit claimed in the collective bargaining agreement defeats the employee organization's breach of contract allegation
Westchester County Corr. Superior Officers Assn. v County of Westchester, 2015 NY Slip Op 07262, Appellate Division, Second Department

The Westchester County Correction Superior Officers Association, together with several individually named retired correction officers, sued Westchester County seeking to recover damages for an alleged breach of the relevant collective bargaining agreement [CBA]. Supreme Court dismissed the Association’s complaint and the Association appealed.

The Association alleged the County had breached the CBA when failed to pay the individually named correction officers benefits equivalent to those provided by the Workers' Compensation Law for loss of earning capacity due to a permanent disability.

Citing Westchester County Correction Officers Benevolent Association, 99 AD3 998, the Appellate Division ruled that Supreme Court had properly granted Westchester’s motion for summary judgment dismissing the complaint, explaining that the County had demonstrated, prima facie, that “there is no provision in the CBA requiring [the County] to pay benefits equivalent to those paid pursuant to the Workers' Compensation Law for loss of earning capacity due to permanent disability.”

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2015/2015_07262.htm

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