The Detective Association [Plaintiff] alleged that the City of New York [City] made an oral promise in the course of its collective bargaining negotiations with the Plaintiff that in the event it reached a collective bargaining agreement [CBA] with the Plaintiffs before reaching a CBA with another union with which it was then engaged in collective bargaining, the Benevolent Association, it would not then use its contract with the Benevolent Association as leverage to extract additional concessions from Plaintiff.
After negotiating a CBA with the Plaintiff, the City subsequently entered in a CBA with the Benevolent Association that included a wage increase for incumbent officers 2.25% higher than Plaintiff had received on behalf of its negotiating unit members. This increase was funded by reducing entry level pay and, or, benefits for new officers in the Benevolent Association negotiating unit, a practice known as "selling the unborn."
Plaintiff contended that it did not represent entry-level members and the City said Plaintiff would have to make concessions such as giving back certain benefits then being enjoyed by Detective Association unit members if it wished to obtain the same 2.25% wage increase for individuals in its negotiating unit as the Benevolent Association had negotiated for its unit members, a practice known as "attrition bargaining."
Plaintiff sued, seeking a declaration that its unit member are entitled to the 2.25% wage increase and the City is estopped from demanding that funds for the increase be achieved through "attrition bargaining".
Supreme Court denied the City's motion to dismiss Plaintiff's complaint in its entirety, which ruling was unanimously reversed, on the law, by the Appellate Division.
Supreme Court denied the City's motion to dismiss Plaintiff's complaint in its entirety, which ruling was unanimously reversed, on the law, by the Appellate Division.
The Appellate Division explained that in this instance Plaintiff was attempting to have the court interpret the CBA between the City and the Plaintiff on grounds of fairness and equity -- impliedly to include a 2.25% wage increase -- places this dispute squarely within the definition of a grievance within the meaning of the CBA, i.e., "a dispute concerning the ... interpretation of the terms of this collective bargaining agreement."
Accordingly, opined the Appellate Division, the issue must be resolved pursuant to the grievance procedures set forth in the CBA which provides that in the event a matter is not resolved at an earlier stage, it will be arbitrated before the New York City Board of Collective Bargaining (BCB).
The Appellate Division concluded that this dispute was within BCB's primary jurisdiction as Plaintiff alleged that the City not only failed to "implement" the CBA between the parties, but subverted it by negotiating a CBA with another employee organization that entailed "selling the unborn" and thus had "engaged in conduct antithetical to good faith bargaining as defined in [the New York City] Administrative Code §12-306(c)."
In the words of the Appellate Division, "This is a claim of 'improper practices' that is properly addressed by BCB," citing §12-309[a][4] of the Administrative Code of the City of New York.
The decision is posted on the Internet at: