City of New York v. UNIFORMED FIREFIGHTERS ASS'N, LOCAL 94, IAFF, AFL-CIO
Cases that cite this one
6 later published cases cite this decision.
- New York City Department of Sanitation v. MacDonald (N.Y. 1996)
- Grace Plaza of Great Neck, Inc. v. Turner (Appellate Division of the Supreme Court of New York 1987)
- In re the Arbitration between Fallon & Greater Johnstown School District (Appellate Division of the Supreme Court of New York 1986)
- City of Salamanca v. City of Salamanca Police Unit (New York Supreme Court 1986)
- Ford v. Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 1983)
- In re the Arbitration between Town of Orangetown & Town of Orangetown Unit Rockland County Local 844 of Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the award confirmed.
The city concedes, and we agree, that subdivision b of section 1173-4.3 of the Administrative Code of the City of New York (Collective Bargaining Law) does not proscribe permissive bargaining of management prerogatives such as the “personnel by which government operations are to be conducted” but argues that by including in its contract with UFA the job description of a full-duty fireman it did not agree to bargain in that respect. The difficulty with that argument is that the effect of inclusion in the job description was the issue submitted to the arbitrator and his award (enjoining use of civilian inspection employees in fire department districts) can only be overturned if it is contrary to law or if “without engaging in extended fact-finding or legal analysis * * * [the court can] conclude that public policy precludes its enforcement” (Matter of Sprinzen [Nomberg], 46 NY2d 623, 631). Neither subdivision a of *959 section 487 of the City Charter nor subdivision b of section 1173-4.3 of the Collective Bargaining Law declares a public policy which is beyond waiver and the arbitrator having ruled that the city did waive, his ruling, even if erroneous, is not irrational and, therefore, is binding on the city with respect to the present contract (Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578, 582).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur in memorandum.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.