Labor & Employment Law

Position classification and reclassification decisions not subject to arbitration

By Harvey Randall, Esq.

Position classification and reclassification decisions not subject to arbitration
Matter of City of Norwich v City of Norwich Firefighters Assn., Local 1404, Intl. Assn. of Firefighters, AFL-CIO, 43 A.D.3d 609, leave appeal denied, 9 N.Y.3d 814

The City of Norwich staffed its Fire Department with Firefighters and with ?per-diem Firefighters? following the City of Norwich Civil Service Commission?s approval the establishment of noncompetitive class positions of ?per-diem Firefighter.?

Individuals employed in this new title were part-time employees, paid an hourly rate and received no fringe benefits. They were assigned to substitute for Firefighters who were sick or on vacation. ?Per-Diem Firefighters? positions replaced former positions of ?Fire Assistant.?

According to the decision, at the time the City and the Association negotiated their collective bargaining agreement [CBA], the City employed two types of firefighters: Firefighter and Fire Assistant. Incumbents of Fire Assistant positions served part-time and were assigned to work the 12-hour night shift, beginning at 6:30 P.M. Over time the positions of Fire Assistant were abolished via attrition.

When four ?per diem Firefighters? reported for work for the first time, the Association file a grievance alleging that the City had violated the CBA by placing per-diem Firefighters on a day shift and paying them only $10 per hour without benefits. Ultimately, an arbitrator ruled that per-diem Firefighters performed the same duties as Fire Assistants and should be paid as such in accordance with the CBA. The City filed a petition pursuant to CPLR 7511(b)(1) seeking a court order vacating the arbitration award upon the ground that it was violative of public policy.

Supreme Court granted the City?s petition and the Association appealed.

The Appellate Division affirmed the Supreme Court?s vacating the award, holding that:

In determining that a per-diem Firefighter is required to perform the same job duties as Firefighters and Fire Assistants and should therefore be accorded the same wages and benefits, the arbitrator has, in effect, reclassified the position.

Pointing out that reclassification of a position in the classified service is governed by Civil Service Law Section 22 and is not subject to arbitration, the Appellate Division said that the lower court had ?appropriately vacated? the arbitration award, citing Matter of Town of Hempstead v Civil Serv. Empls. Assn., 286 AD2d 401 and Matter of Town of New Castle v L?Eplattenier, 236 AD2d 415.

Full post as published by New York Public Personnel Law on April 21, 2008 (boomark / email).