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MTR. SCHENECTADY PBA v. PERB

85 N.Y.2d 480 (1995)

650 N.E.2d 373

626 N.Y.S.2d 715

In the Matter of Schenectady Police Benevolent Association, Respondent-Appellant, v. New York State Public Employment Relations Board, Respondent, and City of Schenectady, Appellant-Respondent. (Proceeding No. 1.) In the Matter of City of Schenectady, Appellant-Respondent, v. New York State Public Employment Relations Board, Respondent, and Schenectady Police Benevolent Association, Respondent-Appellant. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided March 28, 1995.

Attorney(s) appearing for the Case

Roemer and Featherstonhaugh, P. C., Albany (James W. Roemer, Jr., and Elayne G. Gold of counsel), for appellant-respondent in the two above-entitled proceedings.

Grasso & Grasso, Schenectady (Jane K. Finin of counsel), for respondent-appellant in the two above-entitled proceedings.

David P. Quinn, Albany, and Gary Johnson for respondent in the two above-entitled proceedings.

Chief Judge KAYE and Judges SIMONS, TITONE and LEVINE concur with Judge SMITH; Judge BELLACOSA dissents in part in a separate opinion in which Judge CIPARICK concurs.

SMITH, J.

The issue here is whether General Municipal Law § 207-c requires mandatory bargaining before a police officer who is injured in the line of duty or becomes ill during the performance of duty can be forced to (1) perform light duty, (2) undergo surgery at the direction of the City or (3) waive the confidentiality of medical records. Because the Appellate Division properly concluded that none of...

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