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Investigations and the Taylor law

Investigations and the Taylor law
City of New York v DeCosta, 95 NY2d 273

1. Is New York City?s Department of Investigation?s investigatory procedures restricted by a labor contract between the City and the Uniformed Fire Officers Association? and

2. Does a determination of the Board of Collective Bargaining of the City of New York that this dispute is a subject for arbitration between the parties improperly impinges on public policy?

The Court of Appeals concluded that public policy bars enforcement of a provision in a collective bargaining agreement that would limit the power of the New York City?s Department of Investigation from interrogating city employees in a criminal investigation

The issue arose when the Department wanted to question a number of fire officers in connection with its investigation of a false alarm that was allegedly to be used for a false claim of a line of duty injury for a fraudulent pension claim.

The City?s Board of Collective Bargaining held that provisions of the collective bargaining agreement controlled with respect to the Department?s conducting interviews, examinations and other matters and thus ?was an issue of contract interpretation? thus a matter to resolved by an arbitrator.

There is a two-prong test that must be applied:

1. Whether the arbitration claims at issue are within the scope of the collective bargaining process; and

2. Whether the terms of the particular arbitration clause include the subject area.

Here the Court concluded that if a law, public policy or case law prevents arbitration of a dispute, then the claim is not arbitrable. While terms and conditions of employment are subject to bargaining and therefore to arbitration, management prerogatives are not subject to bargaining and an arbitration of management prerogatives is beyond the scope of the Board?s authority and must be prohibited.

Finding that the Department of Investigation plays a crucial role in investigating potential criminal activity by governmental employees or contractors, deterring corruption and avoiding potential conflicts of interest, which reflects a strong public policy, the Court set aside the Board of Collective Bargaining?s determination requiring the matter be submitted to arbitration.

Full post as published by New York Public Personnel Law on September 22, 2009 (boomark / email).