This constitutes the Court’s decision regarding the petition of the City of Syracuse (“the City” or “the petitioner”) to permanently stay a request for arbitration filed by respondent Syracuse Police Benevolent Association, Inc. (“the PBA” or “respondent”) on behalf of four of its members (“the grievants”) for alleged conduct infractions, and respondent’s cross-motion to dismiss the petition and compel arbitration. The matter was submitted to this Court’s motion calendar following recusal by the Hon. Anthony J. Paris. The City and the PBA are parties to a Collective Bargaining Agreement (“CBA”) which encompasses a series of Interest Arbitration Awards and Memoranda of Agreements covering the parties’ relationship between December 31, 1998 and December 31, 2017. Pet. 3; Smith 7/30/19 Aff. 3, Exhs. A-E. On November 26, 2019, the parties executed a proposed Memorandum of Agreement for a successor collective bargaining agreement to cover the period from January 1, 2018 through June 30, 2022, but the successor collective bargaining agreement has not yet been approved by the Syracuse Common Council or the PBA membership. PBA Ans. 3. Until the new collective bargaining agreement is approved, the terms of the previous CBA remain in effect. See NY Civ. Serv. L. §209-a(1)(e). Article 11 of the CBA, titled “Discharge and Discipline,” sets forth the procedure for discipline or discharge of a police officer. In pertinent part, that article provides: 11.1 Procedure in Disciplinary Disputes In the event of a dispute concerning the discipline or discharge imposed upon a police officer, the following procedures shall be followed: Step 1: City shall advise an officer in writing that it proposes to commence disciplinary action against him. Such notice shall describe the general circumstances for which discipline is sought and optionally the penalty which the City seeks to impose. Within seven days…the parties (the chief, the officer, the union and any of their attorneys) shall meet to discuss voluntary resolution of the charges. If no voluntary resolution can be made,…then within three days,…the officer must serve written notice as described in Section 11.2 if he desires to follow Step 2 of this Article. Failure to make a timely election shall automatically mean that the procedures of Section 75 of the Civil Service Law shall be followed, and there shall be no right to arbitrate under the provisions of this Agreement. If the officer waives his Section 75 rights and makes a timely election for arbitration, then the remaining step will be followed. If an employee has been suspended without pay he may waive his Section 75 rights and demand arbitration immediately. In such a case, within 72 hours the City shall serve a description of the charges on which it relies for the discipline sought. Step 2: The parties will utilize the panel in matters of discharge and discipline under this article. If the officer has made a timely election in Step 1, the [PBA] shall file in writing a request for arbitration with the panel. The arbitration shall be held within twenty calendar days of the date of the request. The arbitrator shall render his decision within fourteen days following close of the record. The finding of the arbitrator shall be final and binding upon the parties. There shall be no extensions of the foregoing time limits except by mutual agreement. The arbitrator may, under appropriate circumstances, issue an interim verbal decision, to be followed by a written opinion and award. CBA, Art. 11. In addition to this collectively bargained right to submit disciplinary disputes to arbitration, the Syracuse Police Department Rules and Regulations (“PD Rules”) also authorize arbitration. The PD Rules acknowledge the rights of its members under the Taylor Law: 10.00 POLICY: The purpose of this policy is to define the role of the Syracuse Police Department in the Collective Bargaining Process. The New York State “Taylor Law” provides public employees with the right to collectively bargain for wages, benefits and working conditions. Syracuse Police General Rules & Procedure Manual, Art. 4, §10.00. With specific reference to police discipline, the PD Rules provide: 7.17 FORMAL DISCIPLINE: * * * B. Sworn officers who are formally charged shall have the option of having the case heard before: 1. A hearing officer appointed pursuant to Section 75 of the Civil Service Law. 2. An arbitrator mutually acceptable to the Department and Officer. * * * D. All formal disciplinary proceedings shall be conducted in accordance with the “Manual of Procedure in Disciplinary Actions,” published by the New York State Department of Civil Service, Municipal Services Division, and applicable Laws and bargaining agreements. E. When a sworn officer elects to have the case heard before an arbitrator, the decision of the arbitrator shall be final and binding upon the Department and the officer. All disciplinary arbitration shall be conducted in accordance with the provisions of the “Manual on Negotiated Disciplinary Procedures” published by the New York State Department of Civil Service. * * * 8.22 COMMENCING DISCIPLINARY ACTION * * * C. If a voluntary resolution of the charges has not been achieved, the member must file written notice within three days…indicating the member’s waiver of rights under Section 75 of the Civil Service Law (CSL) and the member’s desire to invoke arbitration contracts between the City of Syracuse and the Syracuse Police Benevolent Association. Syracuse Police General Rules & Procedure Manual, Art. 4, §§7.17 and 8.22. The parties agree that with respect to the four grievants, the City issued grievances, the PBA filed written requests for arbitration, and the City’s corporation counsel was carbon copied on the PBA’s requests for arbitration. Smith 7/30/19 Aff.
