Dear COBA Members;

On January 5th, 1st VP Pat McDevitt and myself appeared in New York's Second Department Appellate Court in Brooklyn with our COBA Attorneys along with Unions representing other Nassau County employees. All attorneys were allotted time to argue to the Appellate Court's 4 Judge panel our challenge to NIFA's ability to impose wage freezes for three consecutive years beginning in March 2011. Each Union argued that NIFA's power to do so expired at the end of the Interim Finance Period, a period of enhanced power for NIFA in 2008. Each union claimed the plain language within the NIFA statute itself proved our case. Each Union also responded to Nassau County's argument that some of the Union's claims that NIFA had lost the wage freeze power were not pursued within the applicable statute of limitations. This hearing was to provide supportive oral arguments to reiterate our claims and to answer any questions that may have arisen from the written briefs that were submitted prior to this date. Our attorney did an excellent job in stating our case during this phase of our prolonged appeal process in this matter.  

The court, as is usual in appeals, did not issue an immediate decision. Ordinarily a decision takes two to four months to issue.

Remember that in the Federal Court, Judge Wexler for the Eastern District of New York originally agreed with the unions but that the Federal Appeals Court reversed his decision, stating that the federal court did not have jurisdiction to decide this State Law issue and kicked it back to the State level. Justice Diamond in Nassau Supreme Court then disagreed with Judge Wexler and held that NIFA did retain its wage freeze power after 2008. The unions all appealed, which is where we are now.  

There will be no quick resolution to this issue. If we win at this phase the County will appeal further. If we lose, we will appeal it to the NYS Court of Appeals.  

I will keep you informed on all issues affecting this and other issues as they become available.  

Yours in Unionism

Brian Sullivan

COBA President