Dear COBA Members;

As you all know, on Oct. 1st NYS implemented it's new "Raise the Age Law" where 16 yr olds in year 2018 then 17 yr olds in year 2019 will not be held in Correctional Facilities for committing crimes in NYS any longer.

They are to be held in Specialized Youth Detention Facilities.    

On Oct 2nd, Sheriff Vera Fludd issued Sheriffs Order 15-18 directing that:

"Following Arraignment by a special magistrate in District Court (Youth Court Division), Deputy Sheriffs shall take custody of Adolescent Offenders in furtherance of the transfer to out-of-County Specialized Secure Detention Facilities (SSD's)".  

COBA contends that Sheriffs Order 15-18 as written is in direct violation of our contract and the County Charter, regarding the Transportation of those who have been arraigned by a criminal court in Nassau County. COBA demanded that Sheriff's Order 15-18 be rescinded and/or revised accordingly to ensure that only COBA Bargaining Unit Members conduct this exclusive bargaining unit work.  

Sheriff Fludd refused to revise the Order claiming that under the new law Nassau Deputies are charged with the duty of transportation of minors.  

This past Friday, COBA filed a Class Action Grievance (where this matter will ultimately be resolved in Arbitration) along with filing for a TRO (Temporary Restraining Order) in Supreme Court to cease the Sheriffs actions of giving our Unit work to the Deputies, until the matter is heard in Arbitration.  

Today myself, VP Brian Doyle and our attorney spent a long day in Supreme Court where the issue of the Restraining Order was put in front of Judge Roy Mahon. Judge Mahon ultimately ruled that there is no "Irreparable Harm" caused by the Sheriffs Order that would necessitate the placement of a "Restraining Order" prior to our Arbitration case being heard. Therefore he ruled against our TRO request.  

Now that the TRO issue is done, we move on to the real arena where the case itself will be heard, in Arbitration. Thankfully due to COBA having successfully adjudicated many cases that were on our calendar over the

past 2 years, this case will be scheduled relatively quickly and should hopefully be heard in Arbitration by the end of the year.  

Please be assured that COBA will continue to fight with every tool available at our disposal to protect our "Exclusive Bargaining Unit Work".

I will keep you informed of this matter as it progresses to Arbitration.  

Always Yours in Unionism;

Brian Sullivan, COBA President