Where an administrative interpretation of a law or rule has a rational basis the court will affirm the ruling even if it would have interpreted the provision differently

Where an administrative interpretation of a law or rule has a rational basis the court will affirm the ruling even if it would have interpreted the provision differently

Matter of United Fedn. of Teachers v City of New York, 2017 NY Slip Op 07324, Appellate Division, First Department

Supreme Court denied the United Federation of Teachers, Local 2, AFT, AFL-CIO [UFT] Article 78 petitions seeking, among other things, the annulment of the determination of the New York City Board of Collective Bargaining [Board] that UFT had breached its duty of fair representation it owed to its member, Jose Morales. The court directed UFT and the City of New York to process Morales's grievance "pursuant to the contractual grievance process without accepting any defense based on the untimeliness of the appeal."*

The City and UFT appealed the Supreme Court's ruling.

Finding that the Board's determination is not arbitrary and capricious, inconsistent with lawful procedures, or an abuse of discretion, the Appellate Division affirmed the lower court's ruling and dismissed the City's and UFT's appeals. The Appellate Division said that UFT was not deprived of an opportunity to establish an excuse for its conduct, because it was obligated to set forth a statement of facts and legal arguments in its answer to Morales's second improper practice petition, and UFT had the right to submit evidence in support of that answer.

Addressing UFT's contention that it was not required to pursue the appeal under a provision of the collective bargaining agreement, the Board noted that "If the grievant is not satisfied with the determination of the agency head or designated representative the grievant or the Union [sic] may appeal to the Commissioner of Labor Relations in writing within ten (10) workdays of the determination."

In Matter of Uniformed Firefighters Assn. of Greater N.Y. v City of New York, 114 AD3d 510, leave to appeal denied, 23 NY3d 904, the court held that "if the [Board's] determination has a rational basis, we must affirm, even if this Court would have interpreted the provision differently."

Significantly, the Appellate Division observed that the Board interpreted the provision's language emphasized above permits UFT "to decline to pursue a grievance in the first place, but [did] not to excuse a union from exercising diligence in appealing from an adverse Step II determination once the union has begun to represent an employee." The Appellate Division said it "must defer to this reasonable interpretation" by the Board.

* The Appellate Division noted the absence of any apparent excuse for UFT's failure to file the appeal for more than four months after the expiration of the contractual 10-business-day deadline to file an appeal from a Step II determination.

The decision is posted on the Internet at: 
http://www.nycourts.gov/reporter/3dseries/2017/2017_07324.htm