ROBERTS v. NEW YORK CITY OFF.

106268/11, 10626

113 A.D.3d 97 (2013)

976 N.Y.S.2d 450

2013 NY Slip Op 7870

In the Matter of LILLIAN ROBERTS, as Executive Director of District Council 37, American Federation of State, County and Municipal Employees, AFL-CIO, et al., Appellants, v. NEW YORK CITY OFFICE OF COLLECTIVE BARGAINING et al., Respondents.

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

Decided November 26, 2013.


Attorney(s) appearing for the Case

Mary J. O'Connell , New York City ( Steven E. Sykes of counsel), for appellants.

John F. Wirenius , and Michael T. Fois , New York City, for the New York City Office of Collective Bargaining, Board of Collective Bargaining and Marlene Gold, respondents.

Michael A. Cardozo , Corporation Counsel, New York City ( Benjamin Welikson , Leonard Koerner and Paul T. Rephen of counsel), for the City of New York, Mayor's Office of Labor Relations and the Fire Department of the City of New York, respondents.

FRIEDMAN, J.P., MOSKOWITZ, MANZANET-DANIELS and GISCHE, JJ., concur.


OPINION OF THE COURT

RICHTER, J.

This appeal raises the question of whether the New York City Fire Department's "zero tolerance" policy, requiring automatic termination of certain emergency medical services (EMS) employees who fail or refuse to provide a specimen for a drug test, should have been subject to mandatory collective bargaining. The New York City Board of Collective Bargaining (the Board) found that this issue was not required to be bargained...

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