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MATTER OF CITY OF NEW YORK v. BOARD OF COLLECTIVE BARGAINING OF THE CITY OF N.Y.

10482, 400177/10.

107 A.D.3d 612 (2013)

967 N.Y.S.2d 646

2013 NY Slip Op 4887

In the Matter of CITY OF NEW YORK et al., Appellants, v. BOARD OF COLLECTIVE BARGAINING OF THE CITY OF NEW YORK et al., Respondents.

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

Decided June 27, 2013.

The federal regulations relied on by petitioners did not preempt their obligation to collectively bargain and permit them to unilaterally impose the disputed requirement of a doctor's "fit for duty" statement following an employee's absence from work for three or more days (see Matter of City of Watertown v State of N.Y. Pub. Empl. Relations Bd., 95 N.Y.2d 73, 77 [2000]). Nor were petitioners absolved from bargaining on "public policy...

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