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1
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OPINION
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EXTRACTED KEY WORDS
CIVIL SERVICE MATTER AGREEMENT AWARD CIVIL SERVICE LAW UNIT MEMBER APPOINTING AUTHORITY DISCRETION CANDIDATES ARBITRATION EMPLOYEES COLLECTIVE BARGAINING EDUCATION NY2D BUFFALO BOARD PARTIES EMPLOYEES ASSOCIATION RESPONDENT HIGHEST-SCORING PCTEA CBA CIVIL SERVICE APPOINTMENTS ARBITRATOR CITY SCHOOL TEACHERS ASSN COMPETITIVE EXAMINATION EMPLOYMENT PROBATIONARY TERM CONSTITUTION |
IN THE MATTER OF THE ARBITRATION BETWEEN PROFESSIONAL, CLERICAL, TECHNICAL
EMPLOYEES ASSOCIATION, APPELLANT, AND BUFFALO BOARD OF EDUCATION,
RESPONDENT. (Two Cases)
90 N.Y.2d 364, 683 N.E.2d 733, 660 N.Y.S.2d 827 (1997).
May 8, 1997
4 No.64, 65 (1997 NY Int. 75)
Decided May 8, 1997
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Nos. 64 and 65:
Paul D. Weiss, for Appellant.
James L. Jarvis, Jr., for Respondent.
TITONE, J.:
The issue presented in these two appeals is whether an arbitrator's
award requiring defendant Buffalo Board of Education to promote the
highest-scoring bargaining unit member on a civil service eligible
list as required by the terms of the parties' collective bargaining
agreement is void as violative of public policy in that it restricts
the statutory discretion vested in the appointing authority under
Civil Service Law § 61 to select one of the three highest-ranked
candidates on an eligible list. We conclude that no strong public
policy prohibits an appointing authority from agreeing through
collective negotiations to give promotional preference to certain
members of an eligible list where a probationary period precedes their
permanent appointment.
PCTEA I
Respondent Board of Education for the Buffalo City School District and
the Professional, Clerical, Technical Employees Association (PCTEA)1**
are parties to a collective bargaining agreement (CBA) covering the
terms and conditions of employment of unit members effective July 1,
1991 through June 30, 1996. The CBA provides for the resolution of any
"dispute which may arise between the parties involving the
application, meaning or interpretation of the (CBA)" through a
progressive grievance procedure which culminates in arbitration.
On October 5, 1994, the Buffalo Municipal Service Commission adopted a
list indicating the existence of three vacancies for the promotional
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