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1
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OPINION
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EXTRACTED KEY WORDS
CITY PUBLIC POLICY MATTER ARBITRATION EMPLOYEE DOI CRIMINAL INVESTIGATIONS YORK CITY CBA FIRE OFFICERS DISPUTE NY2D COLLECTIVE BARGAINING PROVISIONS FIREFIGHTER EMPLOYEE RIGHTS ARBITRATOR COLLECTIVE BARGAINING AGREEMENT CONDUCTING TEACHERS ASSN APPELLANTS UFOA YORK CITY CHARTER ARTICLE XVII UNIFORMED FIRE OFFICERS FIRE OFFICERS ASSOCIATION PUBLIC POLICY BARS DECISIONAL LAW PORT WASHINGTON |
1 No. 109
In the Matter of The City of New York, et al.,
Respondents,
v.
The Uniformed Fire Officers Association, &c., et al.,
Appellants.
_________________________________________________________________
2000 NY Int. 103
October 17, 2000
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Victoria A. Donoghue, for Board and DeCosta appellants.
Richard M. Betheil, for UFOA appellants.
Cheryl Payer, for respondents.
Municipal Labor Committee, amicus curiæ.
_________________________________________________________________
WESLEY
, J.:
The issue we must address today is whether public policy bars
arbitration of this dispute over whether the employee rights
provisions of a collective bargaining agreement (CBA) can be invoked
to limit or restrict the procedures of criminal investigations
commenced by the New York City Department of Investigation (DOI). We
conclude that it does.
In February 1996, DOI subpoenaed several firefighters as part of
criminal investigations it was conducting. One investigation concerned
an attempt by a firefighter to obtain higher pension benefits by
fraudulently claiming that he sustained a disabling injury in the line
of duty. The scheme involved one firefighter calling in a false alarm
to afford the injured firefighter the opportunity to claim that his
injury occurred in responding to the alarm. Among those firefighters
interviewed were members of appellant Union, Uniformed Fire Officers
Association, Local 854 (UFOA).
The applicable citywide CBA contains provisions for individual
employee rights under Article XVII and arbitration of grievances under
Articles XVIII and XXI. Article XVII relates to interrogations,
interviews, trials and hearings. The protections afforded by Article
XVII include the requirement that the employee be given 10 days prior
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