Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Westchester County Local #860's, [Local 860]'s collective bargaining agreement [CBA] with the Town provided, among other things, that seniority shall be the determining factor for selection to a vacant position where all other factors are equal.
Town created a new general foreman position for which two applicants, A and B, applied. Town selected A for the appointment to the position and Local 860, on behalf of B, filed a grievance challenging the Town' appointing A to the position as provided by the relevant provision's set out in the CBA.
Ultimately the parties proceeded to non-binding arbitration in accordance with provisions set out in the CBA. The arbitrator issued an award in favor of appointing B to the position, which decision was rejected by the Town.
Local 860 brought an action in Supreme Court challenging the Town's decision and Town moved for summary judgment. Supreme Court granted the Town's motion and Local 860 appealed the Supreme Court's ruling.
The Appellate Division affirmed Supreme Court's ruling, explaining:
1. The filing of a notice of claim is a condition precedent to the maintenance of an action against a town arising out of the contractual relationship between a plaintiff and a town and Town Law §65(3) provides that "no action shall be maintained against a town upon or arising out of a contract entered into by the town . . . unless a written verified claim shall have been filed with the town clerk within six months after the cause of action shall have accrued";
2. In contrast to other notice statutes, "Town Law §65(3) contains no provision allowing the court to excuse noncompliance with its requirements";
3. An exception to Town Law §65(3)'s notice of claim requirement is only applicable where a plaintiff has pleaded an ongoing or continuing violation, "which the complaint in the instant action did not"; and
4. As the plaintiffs seek both the recovery of damages and equitable relief, "the filing of a notice of claim was a condition precedent" to the maintenance of the instant action.
In the words of the Appellate Division, "Accordingly, the Supreme Court properly granted that branch of the [Town's] motion which was for summary judgment dismissing the complaint".
Click HERE to access the Appellate Division's decision posted on the Internet.