City of New York v. Patrolman’s Benevolent Association of the City of New York Inc.

This appeal was brought about to review the decision of the Supreme Court granting a petition and annulling the determination of respondent New York City Board of Collective Bargaining finding that petitioners violated the collective bargaining agreement with respondent unions. Petitioners argue that changing the method of random drug testing from urinalysis to hair analysis by NYPD should be exempt from collective bargaining because it involves the disciplinary authority of the Police Commissioner.

 

In August 2005, the NYPD stopped using urinalysis as its preferred method of random drug screening and switched to radioimmunoassay of hair (RIAH) without consulting with the unions. The unions protested by filing an improper practice petition with the New York City Office of Collective Bargaining (OCB). The OCB granted the unions’ petition, finding that NYPD violated NYC Collective Bargaining Law §12-306(a)(4) by “unilaterally changing drug testing procedures, a mandatory subject of bargaining.”

 

The NYPD then brought about an instant Article 78 proceeding to annul this decision as arbitrary and capricious. The Supreme Court granted the petition holding that it was arbitrary and capricious for the OCB to rule that the choice of testing was not related to the Police Commissioner’s disciplinary authority. The Court felt that forcing the Commissioner to negotiate with the police officers that would be subjected to the testing would make his authority appear meaningless.

 

In this review of the first ruling of the Supreme Court, the Court felt petitioners were seeking to avoid their obligation of collective bargaining by extending the Commissioner’s investigatory authority beyond the context of formal disciplinary proceedings to which it is confined. The reason the limitation of authority exists is to create a balance between the concerns of public employees and the disciplinary authority of the Commissioner.

 

Accordingly, the Court reversed the decision, denied the petition and reinstated the determination of the Board of Collective Bargaining.