To All Delegates and Members

September 20, 2001

RE: PBA VICTORIES AT THE COURT OF APPEALS

As the terrible events unfolded at the World Trade Center, the New York State Court of Appeals handed down a series of favorable decisions on issues affecting the membership.  First, the Court of Appeals denied the City’s request for a preliminary injunction, seeking to prevent the PBA from proceeding at PERB.  The effect of this decision will be to allow the PBA to move forward at PERB, where mediation has already begun.  While the expedited mediation schedule will likely be altered in light of the current crisis, the decision will allow the PBA to move immediately to binding arbitration in the event that mediation proves unsuccessful.

Second, the Court of Appeals has decided to hear the appeal on an expedited basis, virtually assuring the conclusion of all litigation issues by year end.  While the Court said that, in light of the current crisis, it may consider altering the briefing schedule, it has set down the following schedule for the appeal:

October 9, 2001 – City’s Initial Brief due
November 2, 2001 – PBA’s Responsive Brief due
November 9, 2001 – City’s Reply Brief due
November 14, 2001 – Oral Argument

This is the final step in our litigation battle on the constitutionality and interpretation of the 1998 amendments to the Taylor Law, which the PBA has argued allows New York City Police Officers to have their arbitration, and all related issues, heard at PERB.  Should we prevail, as we are confident we will, police officers’ right to have their arbitration heard at PERB will be forever secured.

Notwithstanding our obvious preoccupation with the events surrounding the World Trade Center crisis, we will continue to fight the litigation fight and advise you of events as they unfold.