City of Newburgh v. Local 589, International Ass'n of Firefighters

The record reveals that David P. Hemingway, a firefighter employed by the petitioner pursuant to its Affirmative Action Plan and represented by the respondent collective bargaining organization, was discharged from the petitioner’s employ while he was still a probationary employee. Pursuant to the procedures set forth in the Affirmative Action Plan of the petitioner, Hemingway had the right to seek review by the City Manager "to determine if discriminatory practices were factors in [his] dismissal”. Moreover, a resolution passed by the petitioner’s City Council, and which was in effect at the…