Public Employee Press

Court orders FDNY to provide information to DC 37

In an October decision, the state Supreme Court upheld DC 37’s right to city information it needs for collective bargaining and contract enforcement.

The court rejected the city’s attempt to overturn a 1998 Board of Collective Bargaining decision that gave the union the right to information on members who were terminated by the Fire Dept. while they were on unpaid extended sick leave due to disability or illness or under the Family Medical Leave Act.

The union was concerned that the agency was not meeting its legal obligation to provide employees the full range of sick and annual leave benefits under collective bargaining agreements or the full 12 months of leave before termination under sections 71 and 73 of the state Civil Service Law.

BCB issued the decision in August 1999 after the DC 37 Legal Dept. filed an improper practice petition when the FDNY refused to give the union access to records of terminated members.

In refusing, the Fire Dept. had claimed “the information was confidential and an invasion of employees’ rights to privacy.” BCB rejected this claim, as did the October Supreme Court decision.

After procedural delays, the case was heard on the merits. With DC 37 attorney Leonard Polletta arguing for the union, Supreme Court Justice Marcy Friedman upheld BCB’s original decision.

“In the ongoing effort to protect members’ rights, the union may now review the records to make sure the FDNY followed proper procedures with each member. This information will be helpful in formulating contract proposals and determining whether the FNDY has breached its contractual obligations to the union or its members,” Polletta said.