Fourth Department - Collective bargaining agreement: Brockway, et al. v. County of Onondaga

Daily Record Staff//January 9, 2025//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Collective bargaining agreement — Arbitrator’s award — Standing to modify

Brockway, et al. v. County of Onondaga

CA 23-01882

Appealed from Supreme Court, Onondaga County

Background: The petitioners are individual members of a collective bargaining unit consisting of persons employed in certain titles by the county sheriff’s department corrections unit. In 2019, the unit was part of a larger bargaining unit known as the Onondaga Local 834 of Civil Service Employees Association, which included all employees of the respondent. In 2020, the respondent closed its offices and facilities in whole or in part in response to the COVID-19 pandemic. However, certain employees were required to work as they were deemed essential to county operations. The CSEA filed a grievance seeking additional compensation for such employees. Following arbitration, the grievance was denied and CSEA’s counsel advised the petitioner that the county considered the arbitrator’s award to apply to the corrections unit as well. The petitioners commenced an action seeking to modify the arbitrator’s award so that it had no effect on the corrections unit.

Ruling: The Appellate Division affirmed. The court found that the collective bargaining agreement provides for employees to submit their own grievance to the county, but it only permits the CSEA to submit a class action grievance. Furthermore, the CBA provides that the CSEA may request arbitration with respect to a grievance, but it does not permit an employee to do so. The court noted that the collections unit did not attend the arbitration proceeding nor did it instruct the CSEA to act on their behalf. Therefore, the petitioners have no standing to modify the arbitrator’s award.

James B. Tuttle, of The Tuttle Law Firm, for the petitioners-appellants; Michelle K. Dekay, county attorney, for the respondent-respondent.

Submitted