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NYC v. FIRE OFFICERS ASSN.

95 N.Y.2d 273 (2000)

739 N.E.2d 719

716 N.Y.S.2d 353

In the Matter of CITY OF NEW YORK et al., Respondents, v. UNIFORMED FIRE OFFICERS ASSOCIATION, LOCAL 854, IAFF, AFL-CIO, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 17, 2000.

Attorney(s) appearing for the Case

Pryor Cashman Sherman & Flynn, L. L. P., New York City (Richard M. Betheil and Tina C. Kremenezky of counsel), for Uniformed Fire Officers Association, Local 854, IAFF, AFL-CIO, and another, appellants.

Victoria A. Donoghue, New York City, and Wendy E. Patitucci for Board of Collective Bargaining of the City of New York and another, appellants.

Michael D. Hess, Corporation Counsel of New York City (Cheryl Payer, Stephen J. McGrath and Felicia Mennin of counsel), for respondents.

Claude I. Hersh, New York City, and James R. Sandner for Municipal Labor Committee, amicus curiae.

Judges SMITH, LEVINE, CIPARICK and ROSENBLATT concur with Judge WESLEY; Chief Judge KAYE dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

WESLEY, J.

The issue we must address today is whether public policy bars arbitration of this dispute over whether the employee rights provisions of a collective bargaining agreement (CBA) can be invoked to limit or restrict the procedures of criminal investigations commenced by the New York City Department of Investigation (DOI). We conclude that it does.

In February 1996, DOI subpoenaed several firefighters as part of criminal...

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