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MATTER OF UNITED FEDERATION OF TEACHERS v. CITY OF NEW YORK

103612/12, 4741, 401937/12, 4740.

154 A.D.3d 548 (2017)

2017 NY Slip Op 07324

63 N.Y.S.3d 38

In the Matter of UNITED FEDERATION OF TEACHERS, Appellant, v. CITY OF NEW YORK, Appellant, and NEW YORK CITY BOARD OF COLLECTIVE BARGAINING et al., Respondents. In the Matter of CITY OF NEW YORK et al., Appellants, v. UNITED FEDERATION OF TEACHERS, Appellant, and JOSE E. MORALES et al., Respondents.

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

Decided October 19, 2017.

The Board's determination is not arbitrary and capricious, inconsistent with lawful procedures, or an abuse of discretion. The Board had a reasonable basis for concluding that UFT breached the duty of fair representation it owed to Morales by, among other things, failing to file a timely appeal from the July 15, 2009 decision terminating his employment with the New York City Police Department, following a Step II hearing under the applicable collective bargaining agreement...

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