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CITY OF NY v. PATROLMEN'S

56 A.D.3d 70 (2008)

865 N.Y.S.2d 206

In the Matter of CITY OF NEW YORK et al., Respondents v. PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC., et al., Respondents, and SERGEANTS' BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC., et al., Appellants.

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

October 16, 2008.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, LLP, East Meadow (Candace Reid Gladston, Michael C. Axelrod and Donna-Marie Korth of counsel), for union appellants.

Steven C. DeCosta, New York City (John F. Wirenius of counsel), for New York City Office of Collective Bargaining and another, appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for municipal respondents.

LIPPMAN, P.J., GONZALEZ, BUCKLEY and CATTERSON, JJ., concur.

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...

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