City of Newburgh v. Potter

OPINION OF THE COURT

Peter C. Patsalos, J.

Motion is granted, and upon reargument, the prior order is recalled and the following substituted in its stead:

The facts are undisputed. Following bargaining negotiations, plaintiff City of Newburgh and defendant Local 589, International Association of Firefighters, AFL-CIO, entered into a collective bargaining agreement, which provided, inter alia, *377that: "A member who is offered a temporary or acting higher level position and who is on a current Civil Service eligible list for such higher level position shall be required to accept and perform the…