Labor & Employment Law

Only matters covered by a collective bargaining agreement are subject to adjudication through the contract grievance procedure

By Harvey Randall, Esq.

Only matters covered by a collective bargaining agreement are subject to adjudication through the contract grievance procedure
Matter of Allison Neumann v Town of Irondequoit Supervisor, 2008 NY Slip Op 02657, Decided on March 21, 2008, Appellate Division, Fourth Department

Claiming that the Town of Irondequoit violated Civil Service Law §§72, 80 and 81 by placing her on an involuntary leave of absence and by then abolishing her position and terminating her employment, Allison Neumann sued seeking a court order reinstating her to her position.

Although Supreme Court dismissed Neumann?s petition, finding that she and her union failed to exhaust available administrative remedies by not pursuing the grievance procedures set forth in the parties' collective bargaining agreement [CBA], the Appellate Division disagreed.

The court said that it agreed with Neumann and her union that Supreme Court ?erred in dismissing those parts of the petition asserting claims under Sections 72, 80 and 81 of the Civil Service Law inasmuch as they do not concern a grievance within the meaning of the CBA.? The CBA defines the term dispute as a matter ?. . . involving the interpretation or application of any provision of [the CBA]." The Appellate Division held that Neumann?s claims therefore ?are not subject to the CBA's grievance procedure.?

Full post as published by New York Public Personnel Law on April 01, 2008 (boomark / email).