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Fourth Department — Arbitration: Matter of City of Syracuse

Appellate Division, Fourth Department


Stay — Reasonably Related to the Subject Matter of the Agreement

Matter of City of Syracuse
CA 13-01762
Appealed from Supreme Court, Onondaga County

Background: The petitioner city commenced an action seeking permanent stays of arbitration of separate grievances filed by the respondent benevolent association. The respondent had alleged that the city violated the parties’ collective bargaining agreement by failing to pay overtime wages to its police officers who provide security during off-duty hours at the Syracuse International Airport, which is owned by the city but managed by the Syracuse Regional Airport Authority. The petitioner appealed from two orders denying its petition.

Ruling: The Appellate Division affirmed one order, but reversed the second order. The court noted that the grievance was not reasonably related to the relevant section of the CBA, which relates to compensation for officers who are “called in” to perform “ordered” overtime. The off-duty officers who work at the airport are not ordered to work overtime, they volunteer. However, the second grievance involved two officers who were dispatched to a nearby hotel to investigate a domestic dispute.

Karen Khanzadian of Deperno & Khanzadian for the respondent-appellant; Colin M. Leonard of Bond, Schoeneck & King for the petitioner-respondent