Dear COBA Members;

Please see below a brief update on COBA's pending lawsuits and Grievances.

NIFA Wage Freeze Lawsuit:

To Recap:

On May 13th, 2020 the United States Court of Appeals for the Second Circuit in Manhattan issued a decision in the lawsuit ruling that the 2011 wage freeze was legal and not in violation of the United States Constitution's Contract Clause.

On Monday Oct 26th We submitted a Writ of Certiorari (consolidated cases of the 5 Unions) to the United States Supreme Court. This is the formal legal request to have our case heard by the nation's highest Court.

We are currently awaiting the US Supreme Court's decision as to whether they will hear our case or not. If they choose not to, then the Court of Appeals decision will stand. We will have exhausted every legal remedy and the case would be over. Unfortunately, the current makeup of the US Supreme Court is not Union friendly, but if given the opportunity, we are planning to vigorously argue our case once again that the County violated our Constitutional Rights by violating the Contracts Clause of the US Constitution.‍

Desk Lieutenant Post Cut:

Oct. 15th we conducted the first Arbitration hearing regarding the Dept's decision to cut the Desk Lieutenant's post in Security. We argued our case that day over the course of several hours, where one of our Security Lts as well as VP Brian Doyle testified on the merits of the case. A second date was scheduled for Dec. 4th due to the length of testimony.

We held the second arbitration date in our office on Dec 4th. We completed our case and the county then presented theirs. Capt Golio testified on behalf of the Dept/County wherein he attempted to justify their position in cutting this post. I testified as a rebuttal witness, knocking down Golio's testimony.

Settlement talks did occur in attempts to resolve this case in the lead up to the arbitration. We did not agree with offers that were made, which in our opinion weakened our position in this case as well as how they affected other parts of our contract. As such, we proceeded to arbitration and laid out our case.

The arbitration is complete and closing briefs are due the beginning of January, notwithstanding any delays by the County.

We anticipate the decision sometime in February.

Longevity:

On Nov 19th, the PBA and Detectives Association received a favorable decision in NYS Supreme Court's Appellate Division 2nd Dept regarding the County's appeal on the Longevity Issue. This decision allows the PBA and DAI to proceed to arbitration regarding the 2017 Longevity agreement. The County may still appeal this decision. COBA, the NCPD Superior Officers Assoc and the CSEA have still not been given a reason why the Court split our cases and didnt consolidate us all. Once we received the PBA and DAI's decision, COBA, the SOA and CSEA all petitioned the Court to treat our cases in the same manner as the PBA and DAI's without further proceedings.

As of today, we are all currently awaiting the Court's response.

COVID Comp Time Case:

On Nov 25th we held the arbitration for the Comp time case against the County in our Union office. Limited testimony was needed since all of the facts were stipulated and agreed upon by the Union and the County. The language of the contract was agreed upon, as was the fact that Correction Officers were sent home and directed not work as stated in the contract. The County and the Union attorneys are preparing closing written briefs which are due the end of December. After that the decision will rest with the arbitrator. We anticipate the decision sometime around the end of January into February.

There are obviously a lot of issues going on at once. This coupled with the ongoing contract negotiations and whatever day to day crisis that pops up, has kept us all very busy.

Please be assured that your Union is on top of all these issues and will fight vigorously on your behalf on each and every one. We will update you as information becomes available on all of it.

Stay safe, stay healthy

Always In Unity;

Brian Sullivan, COBA President