New York Daily News

July 18, 2001

PBA Wins Round In Fight With City

Daily News Staff Writer

The Patrolmen's Benevolent Association won another round in its ongoing court battle with the city regarding the Public Employment Relations Board's jurisdiction over their contract impasse.

A five-member panel of the Appellate Division upheld a state Supreme Court decision that the 1998 law giving the board jurisdiction over contract disputes between police unions and the city was constitutional.

Attorneys for the city had argued the law, which also affects firefighter and other police unions, violated the home-rule provisions of the state Constitution. It is the city's contention that the city Board of Collective Bargaining has that jurisdiction.

The panel found that the "... Supreme Court correctly observed that accepting the city's contention would create the 'absurdity' of having 'two separate agencies on two different levels of government attempting to separately resolve the intertwined issues of scope of bargaining and impasse resolution.'"

Attorneys for the city said they will appeal.

The case went to the courts late last year when the city filed a "scoping petition" with the Board of Collective Bargaining seeking to have some union demands and provisions of the expired contract declared nonmandatory subjects of collective bargaining.

Under the Public Employment Relations Board, all provisions of the expired contract remain subjects of collective bargaining.

The contract between the city and the Patrolmen's Benevolent Association expired in June of last year.