Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Employee to be paid for estimated lost overtime following the employer's violation of a Taylor Law agreement?s overtime rotation provision

Employee to be paid for estimated lost overtime following the employer's violation of a Taylor Law agreement?s overtime rotation provision
Matter of Town of Wallkill v Town of Wallkill Police Benevolent Assn., 2008 NY Slip Op 08497, decided on November 5, 2008, Appellate Division, Second Department

The Town Police Chief placed a Town police officer on modified duty. The Chief also said that the police officer was not to be permitted to serve in an overtime capacity. The PBA filed a grievance alleging that the Town had violated the collective bargaining agreement then in force and ultimately the grievance was submitted for arbitration.

The Town and the PBA stipulated that the arbitrator was empowered to determine the appropriate remedy if it was found that the Town violated the collective bargaining agreement.

A hearing was held and the arbitrator ruled that the Chief?s action violated the terms of the collective bargaining agreement addressing assigning police officers to duty and to the provisions dealing with the assignment of overtime on a rotation basis.

The arbitrator then ordered the Town and the PBA to determine the number hours of overtime hours that the officer had worked during the preceding two years. This number would be used to determine the prorata amount that should be paid to the officer to compensate him for the overtime he probably would have worked had the Town not violated the collective bargaining agreement.

The Town attempted to vacate the arbitrator?s award but the Appellate Division ruled that ?vacatur of the arbitration award is not warranted? as the award did not violate a strong public policy, was not irrational, and did not clearly exceed a specifically enumerated limitation on the arbitrator's power.

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08497.htm

Full post as published by New York Public Personnel Law on November 12, 2008 (boomark / email).