PBA of City of Long Beach's grievances recognized

Patrolemen’s Benevolent Association of City of Long Beach, Inc. v City of Long Beach

The City of Long Beach appealed from a decision of the Supreme Court ruling in favor of plaintiff, Patrolemen’s Benevolent Association of the City of Long Beach, Inc. (PBA), converting the matter from an Article 78 to an action, granting the motion for summary judgment directing specific performances of stipulations and agreements, and declaring these stipulations and agreements legally binding and enforceable.

The stipulations and agreements concerned three grievances by the PBA regarding sick leave retirement computations, night differential pay calculations, and a disciplinary action brought against 17 of its members. After converting this matter from an Article 78 to an action, the Supreme Court declared the stipulations and agreements legally binding and enforceable between the parties. The City of Long Beach then commenced this appeal.

The Court found that City’s arguments that the stipulations and agreements required approval by the City Counsel to bind the parties to be without merit.

Accordingly, the Court dismissed the appeals from the orders, affirmed the judgment, and awarded plaintiff with one bill of costs.

Patrolmen's Benevolent Assn. of City of Long Beach, Inc. v City of Long Beach (2008 NY Slip Op 09573)

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