On March 09, 2018 a
Letter,Correspondence
was filed
involving a dispute between
County Of Nassau,
and
James Mcdermott As President Of The Police Benevolent Association Of The Police Department Of The County Of Nassau,
Police Benevolent Association Of The Police Department Of The County Of Nassau,
for Other Matters - Contract - Other
in the District Court of Nassau County.
Preview
Hanan B. Kolko
. . . .. . .
Meyet Suozzi, English & Klein, P.C.
1350 Broadway, Suite 501
P.O.Box 822
New York, New York 10018·0026
Office: 212-239-4999
Fax: 212-239-1311
hkolko@msek.com
www.msek.com
February 12, 2019
Via ECF
Honorable Thomas A. Adams
Supreme Court Justice
Nassau County Supreme Court
100 Supreme Court Drive
Mineola, New York 11501
Re: Nassau County v. CSEA Index No. 603216/18
Nassau County v. DAI Index No. 603223/18
Nassau County v. PBA Index No. 603208/18
Nassau County v. SOA Index No. 603225/18
Nassau County v. CSEA Index No. 604452/18
Nassau County v. DAI Index No. 604622/18
Nassau County v. PBA Index No. 604414/18
Nassau County v. SOA Index No. 604621/18
Nassau County v. COBA Index No. 603206/18
Nassau County v. COBA Index No. 604338/18
Dear Judge Adams:
In his February 7, 2019 letter to Your Honor, counsel for the County expressed
defendants/respondents'
some confusion as to what precisely February 5, 2019 letter was
asking for. We write now on behalf of all defendants/respondents in an effort to help
clear up counsel's confusion, and to address one other issue.
Plaintiff/petitioner brought all of these actions to (a) obtain a judicial declaration
that the September 2017 longevity MOAs were invalid, and (b) to bar the unions from
arbitrating grievances arising from the County's refusal to honor the September 2017
MOAs. Your Honor rejected these arguments, ruling that (a) the September 2017 MOAs
were valid, and (b) the County had to arbitrate the union's grievances arising from the
County's failure to honor the September 2017 MOAs.
Our goal is to have the Orders which Your Honor signs reflect Your Honor's
rulings. Specifically, we ask that, in the proceedings to stay arbitration, (case numbers
ALBANY GARDEN CITY WASHINGTON,D.C
OneCommercePlaza 990StewartAvenue,Suite300 1300ConnecticutAvenue,N.W.
Suite1705 P.O.Box9194 Suite600
Alban½NewYork12260 GardenCity, NewYork11530-9194 Washington,DC20036
Tel:518-465-5551I Fax1518-465-2033 Teh516-74.1-6555| Fax:516-741-6706 Tel:20L496-2103 I Far 202-223+0358
Honorable Thomas A. Adants
February 12, 2019
Page 2
604452 2018, 604622/2018 604414/2018, 604621/2011 and 604338/2018) the orders
specifically direct the County to arbitrate the ardotts grievances pursuant to the collective
bargaining agreements between the parties. Wu believe that such an order is appropriate,
as (a) the County sought to stay arbitration of those grievances and Your Honor rejected
parties'
that, and (b) each of the collective agreements provide for arbitration
bargaining
of grievances
In the proposed orders submitted the County in case numbers 604622/2018
by
604414/2018 and 604621/2018 the County sought to characterize the grievance to be
arbinated as "whether the terms of the 9/15/17 MOA required additional funds through
"
legislative gpproval pursuant to paragraph A of the MOA We urge Your Honor to reject
this characterization of the grievance to be arbitrated. That was not how the grievances
were presented. While it be that the raises these matters as a defense, there
may County
is no basis in how this case has been litigated or in how the grievances have been pursued
to have the order compelNng arbitration framed fike thisdnstead the should be
County
ordered to arbitrate the grievances, Any further refinements on how the case should be
presented to the arbitrator should be left to the afbitrator.
We are available for a conference should Your Honor firul one to be helpful
Very truly yours,
Hanan B Kolka
HBK:ptp
Document Filed Date
February 12, 2019
Case Filing Date
March 09, 2018
Category
Other Matters - Contract - Other
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Hanan B. Kolko . . . .. . . Meyet Suozzi, English & Klein, P.C. 1350 Broadway, Suite 501 P.O.Box 822 New York, New York 10018·0026 Office: 212-239-4999 Fax: 212-239-1311 hkolko@msek.com www.msek.com February 12, 2019 Via ECF Honorable Thomas A. Adams Supreme Court Justice Nassau County Supreme Court 100 Supreme Court Drive Mineola, New York 11501 Re: Nassau County v. CSEA Index No. 603216/18 Nassau County v. DAI Index No. 603223/18 Nassau County v. PBA Index No. 603208/18 Nassau County v. SOA Index No. 603225/18 Nassau County v. CSEA Index No. 604452/18 Nassau County v. DAI Index No. 604622/18 Nassau County v. PBA Index No. 604414/18 Nassau County v. SOA Index No. 604621/18 Nassau County v. COBA Index No. 603206/18 Nassau County v. COBA Index No. 604338/18 Dear Judge Adams: In his February 7, 2019 letter to Your Honor, counsel for the County expressed defendants/respondents' some confusion as to what precisely February 5, 2019 letter was asking for. We write now on behalf of all defendants/respondents in an effort to help clear up counsel's confusion, and to address one other issue. Plaintiff/petitioner brought all of these actions to (a) obtain a judicial declaration that the September 2017 longevity MOAs were invalid, and (b) to bar the unions from arbitrating grievances arising from the County's refusal to honor the September 2017 MOAs. Your Honor rejected these arguments, ruling that (a) the September 2017 MOAs were valid, and (b) the County had to arbitrate the union's grievances arising from the County's failure to honor the September 2017 MOAs. Our goal is to have the Orders which Your Honor signs reflect Your Honor's rulings. Specifically, we ask that, in the proceedings to stay arbitration, (case numbers ALBANY GARDEN CITY WASHINGTON,D.C OneCommercePlaza 990StewartAvenue,Suite300 1300ConnecticutAvenue,N.W. Suite1705 P.O.Box9194 Suite600 Alban½NewYork12260 GardenCity, NewYork11530-9194 Washington,DC20036 Tel:518-465-5551I Fax1518-465-2033 Teh516-74.1-6555| Fax:516-741-6706 Tel:20L496-2103 I Far 202-223+0358 Honorable Thomas A. Adants February 12, 2019 Page 2 604452 2018, 604622/2018 604414/2018, 604621/2011 and 604338/2018) the orders specifically direct the County to arbitrate the ardotts grievances pursuant to the collective bargaining agreements between the parties. Wu believe that such an order is appropriate, as (a) the County sought to stay arbitration of those grievances and Your Honor rejected parties' that, and (b) each of the collective agreements provide for arbitration bargaining of grievances In the proposed orders submitted the County in case numbers 604622/2018 by 604414/2018 and 604621/2018 the County sought to characterize the grievance to be arbinated as "whether the terms of the 9/15/17 MOA required additional funds through " legislative gpproval pursuant to paragraph A of the MOA We urge Your Honor to reject this characterization of the grievance to be arbitrated. That was not how the grievances were presented. While it be that the raises these matters as a defense, there may County is no basis in how this case has been litigated or in how the grievances have been pursued to have the order compelNng arbitration framed fike thisdnstead the should be County ordered to arbitrate the grievances, Any further refinements on how the case should be presented to the arbitrator should be left to the afbitrator. We are available for a conference should Your Honor firul one to be helpful Very truly yours, Hanan B Kolka HBK:ptp