CITY OF NEWBURGH v. POTTER


168 A.D.2d 779 (1990)

City of Newburgh, Respondent, v. Michael Potter et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 13, 1990


Mercure, J.

Article IV (A) of the collective bargaining agreement between plaintiff and the union representing nonsupervisory members of plaintiff's municipal fire department provided in pertinent part: "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 duties of the higher level position when assigned by the...

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