City of New York v. Board of Collective Bargaining
Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered November 4, 2010, which denied the petition brought pursuant to CPLR article 78 seeking to annul the decision of respondent Board of Collective Bargaining of the City of New York to grant the union respondents’ improper practice petition, and granted respondents’ cross motions to dismiss the proceeding, unanimously affirmed, without costs.
The federal regulations relied on by petitioners did not preempt their obligation to collectively bargain and permit them to unilaterally impose the disputed requirement of a doctor’s “fit for duty” statement following an employee’s absence from work for three or more days (see Matter of City of Watertown v State of N.Y. Pub. Empl. Relations Bd., 95 NY2d 73, 77 [2000]). Nor were petitioners absolved from bargaining on “public policy” grounds based on the Department of Transportation’s (DOT) mission of providing safety in the ferry system. The rec
Case-law data current through December 31, 2025. Source: CourtListener bulk data.