Matter of Uniformed EMS Officers Union v. N.Y.C. Fire Dept.

The following papers were read on this motion for Temporary Restraining Order and Preliminary Injunction in Aid of ArbitrationNotice of Motion/Petition/O.S.C. — Affidavits — Exhibits A through D             ECFS DOC No(s). 1-16; 1-14Notice of Cross-Motion/Answering Affidavits — Exhibits 1 through 3               ECFS DOC No(s). 1-3; 1-20Replying Affidavits             ECFS DOC No(s). 1-9

*1 In this special proceeding, commenced by Order to Show Cause, pursuant to CPLR §§7502(c), 6301 and 6312, petitioners, UNIFORMED EMS OFFICERS UNION, LOCAL 3621, FDNY, DC 37, AFSCME, AFL-CIO on behalf of itself and EMS CAPTAIN VINCENT WALLA, (hereinafter, petitioners and/or Cpt. Walla), request a temporary restraining order and preliminary injunction in aid of arbitration, seeking to restrain and prohibit respondents, THE NEW YORK CITY FIRE DEPARTMENT and DANIEL A. NIGRO, in his capacity as the Commissioner of the NEW YORK CITY FIRE DEPARTMENT, (hereinafter respondents and/or FDNY), from transferring Cpt. Walla from Station 22 in Staten Island to Division 3 in Brooklyn and ordering respondents to transfer Cpt. Walla back to Station 22 pending resolution of an arbitration grievance commenced pursuant to petitioners’ Citywide Contract/Collective Bargaining Agreement (“CBA”).Respondents oppose petitioners’ motion for a temporary restraining order and preliminary injunction and cross move to dismiss the Petition, alleging that petitioners have failed to meet the legal and evidentiary prerequisites for such orders and because the relief being sought under the guise of temporary and preliminary relief is actually the ultimate relief being demanded in the Petition. The Order to Show Cause and Cross Motion, Sequence No. 001, are consolidated for decision.FACTUAL BACKGROUND and CONTENTIONSPetitioner Local 3621 is a labor organization representing Emergency Medical Service (“EMS”) Captains and Lieutenants employed by respondents.¹ Cpt. Walla is an EMS Captain employed by the FDNY. Respondent FDNY is a municipal subdivision of the City of New York. Respondent Daniel A. Nigro is the Fire Commissioner of the FDNY and is named in his official capacity.