Legal Opinion
New York v. Patrolmen's Benevolent Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided October 16, 2008Published
1Opinion of the Court
OPINION OF THE COURT
Tom, J.
Petitioners contend that a change in the method of random drug testing utilized by the New York City Police Department (NYPD) for the screening of police officers—from urinalysis to hair analysis—is exempt from collective bargaining because it involves the disciplinary authority of the Police Commissioner, as conferred by New York City Charter § 434 and Administrative Code of the City of New York § 14-115. Under the plain language of the Administrative Code provision, the Commissioner’s investigatory authority arises only after written charges have been preferred…
2Cases cited5 opinions
- Cohoes City School District v. Cohoes Teachers Ass'nNew York Court of Appeals · 1976
- Board of Education of Union Free School District No. 3 of Huntington v. Associated Teachers of Huntington, Inc.New York Court of Appeals · 1972
- City of New York v. Uniformed Fire Officers Ass'nNew York Court of Appeals · 2000
- City of New York v. Uniformed Fire Officers Ass'n, Local 854Appellate Division of the Supreme Court of the State of New York · 1999
- Patrolmen's Benevolent Ass'n of the City of New York, Inc. v. New York State Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 2004