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May 23, 2003
Judge: Transfer Anti-Union
Hurt PBA Candidate
By Richard Steier
A Manhattan Supreme Court Justice has found “reasonable cause”
to believe that the NYPD committed an improper labor practice when
it transferred a Patrolmen’s Benevolent Association delegate
because his precinct Captain deemed him a negative influence.
Justice Deborah A. James issued a preliminary injunction requiring
that PBA delegate Joe Anthony be returned to the 50th Precinct in
The Bronx pending the outcome of the union’s improper practice
case before the city’s Board of Collective Bargaining. She
also directed that the BCB issue an expedited ruling on the matter.
City Appeals
City attorneys, however, filed an appeal of the ruling May 12,
gaining an automatic stay of the judge’s order pending a decision
by the Appellate Division of State Supreme Court. At presstime May
19, the BCB hearing had not yet been held.
PBA lawyers argued that there was urgency in having the matter
decided quickly because Police Officer Anthony is running for Bronx
trustee on a slate headed by incumbent President Patrick J. Lynch
in an election process that began last week. They contended that
not having Mr. Anthony serving as the delegate in the precinct where
he was elected to serve could undercut his campaign for higher office.
The city countered that because Officer Anthony is now assigned
to the Bronx Detective Bureau – after two earlier transfers
outside the borough following his transfer three months ago –
his ability to campaign for borough trustee has not been diminished.
But Justice James said that his “presence with-in the borough
does not remedy the damage …His absence from the precinct
certainly undermines his ability to represent those members”
and thus weakened his candidacy.
Link to Trustee Run?
The union contends there is a direct connection between the decision
by Mr. Lynch on Feb. 24 to choose Officer Anthony as his candidate
for Bronx trustee and his transfer a day later.
The transfer had actually been in the works for several weeks before
that. A Feb. 3 memorandum from 50th Precinct Lieut. Robert Lee that
was introduced as evidence in the court proceeding noted that Capt.
Thomas DiRusso wanted Officer Anthony transferred “based on
the fact that he is a PBA Delegate with influence over the other
officers in his command, which he uses negatively.”
At the time, Officer Anthony was the only PBA delegate assigned
to the 4 p.m. to 12 a.m. shift at the 50th Precinct. The day after
he was designated as the incumbent slate’s candidate for Bronx
trustee, he was transferred to the 106th Precinct in Ozone Park,
Queens. Justice James stated that although the memorandum by Lieutenant
Lee was written prior to Officer Anthony’s selective by Mr.
Lynch, a memo written by Captain DiRusso the previous November showed
that he knew back then that Officer Anthony planned to run for Bronx
trustee.
Union Activity Protected
The PBA alleges that the transfer violated the section of the city’s
Administrative Code that prohibits city officials from interfering
with public employees engaging in activities protected under their
union contract and the Collective Bargaining Law.
Captain’s Endowment Association President John F. Driscoll
said Captain DiRusso would have no comment while the case is pending.
Two days after the transfer, Officer Anthony while off duty returned
to the 50th Precinct and became embroiled in a dispute with an unidentified
supervisor. As a result, he received a two-week suspension and was
placed on modified assignment for allegedly being insubordinate
and discourteous. When his suspension was completed, he was transferred
from the 106th Precinct to the Quartermaster Division, which is
also in Queens. A month later, on April 14, he was shifted to the
Detective Bureau in The Bronx, where he remains.
By that time, the BCB had issued a preliminary ruling that there
was reasonable cause to conclude that the transfer constituted an
unfair labor practice, and granted Officer Anthony the right to
seek a court injunction until a final ruling could be issued by
the board.
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