A collective bargaining agreement [CBA] entered into pursuant to Article 14 of the Civil Service Law, the so-called Taylor Law, is a contract and must be enforced according to the plain meaning of its terms (Matter of Lin v New York City Dept. of Educ., 191 AD3d 431, leave to appeal denied, 37 NY3d 913).
The Appellate Division held that the New York City Department of Education (DOE) did not establish that the Petitioners in the CPLR Article 78 out-of-title work action, District Council 37, failed to comply with the filing procedures mandated by the relevant CBA, as that CBA did not provide that Petitioners were required to submit their complaint to the Office of Labor Relations [OLR] first. Accordingly, the Appellate Division ruled that "on this record," DOE's failure to issue a determination based on Petitioners' alleged initial failure to submit the complaint to OLR, was arbitrary and capricious.
Click HERE to access the Appellate Division's decision.