The opinion of the court was delivered by: Townes, U.S.D.J.
Defendants' motion to dismiss is granted. This memorandum briefly address Defendants' claims.
I. Facts and Procedural History
For the purpose of resolving the motion before the Court, all factual allegations in the Complaint are presumed to be true. See Ferran v. Town of Nassau, 11 F.3d 21, 22 (2d Cir. 1993).
Plaintiffs Valerie Taylor, Yolanda Moss, Vernell Hudson, Donna A. Coles, Cherylin Watson, Janet Harmon, Valerie Britt, Theresa Smith-Paw, Halloveen Brightley, Elizabeth Gallman-Mapp, and Barbara Morris (collectively "Plaintiffs") are Police Communication Technicians ("PCTs") for defendant New York City Police Department ("NYPD" or "Police Department"). (Complaint at 1.) Plaintiff Cynthia Hill is a Supervising Police Communication Technician ("SPCT") for NYPD. (Id.)
PCTs and SPCTs are assigned to NYPD's Communication Division primarily as radio dispatchers and supervisors of radio dispatchers, respectively. (Complaint ¶ 18.) Plaintiffs' jobs require the use of a headset, which must be stored in a locker when not in use. (Complaint ¶ 19.) The process by which Plaintiffs obtain their headsets prior to commencement of their respective shifts (as well as the one by which Plaintiffs return the headsets at the close of their shifts) takes approximately 15-20 minutes. (Complaint ¶ 20-21.) Plaintiffs are not compensated for this time. (Complaint ¶ 20-21.)
Plaintiffs are not permitted to leave their respective workstations until their replacements arrive and they are not compensated for any time spent waiting. (Complaint ¶ 22.) Indeed, Plaintiffs are not compensated for any overtime until they have worked "longer than one hour and one minute." (Complaint ¶ 23.) This practice, Plaintiffs allege, have resulted in Defendants receiving thousands of hours of unpaid labor, in violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(b). (Id.)
Plaintiff brings this putative class action on behalf of all individuals residing in the City of New York who work for NYPD as PCTs or SPCTs. Plaintiffs name NYPD, the City of New York (the "City"), Mayor Michael R. Bloomberg ("Bloomberg'), Police Commissioner Raymond W. Kelly ("Kelly"), the New York City Department of the Citywide Administrative Services, and Martha K. Hirst ("Hirst"), Commissioner of DCAS, as defendants (collectively, the "Defendants"), and allege that Defendants failure to pay them overtime in the above-described situations constitutes a violation of the Fair Labor Standards Act (collectively "Defendants").*fn1 (Complaint at 1.)
Plaintiffs are subject to a collective bargaining agreement*fn2 ("CBA") between the City and various unions that represent civil servants. (Hudson Aff. Ex. A.) Article XV, Section 10 ("Section 10") of the CBA, entitled "Adjustment of Disputes" contains a subsection entitled "FLSA Dispute Procedure" and provides as follows:
a. Any dispute, controversy or claim concerning or arising out of the application or interpretation of the Fair Labor Standards Act ("FLSA Controversy") shall be submitted by a claimant in accordance with this section.
b. Any FLSA Controversy must be presented in writing and in the form prescrived by the FLSA Panel no later than sixty days after the date on which such FLSA Controversy arose.
c. i. Any FLSA Controversy arising out of a claimed wrongful computation of benefits shall be submitted by an employee in writing to the applicable agency head or designee for review and resolution.
ii. If the matter is not satisfactorily resolved at the agency level, the claimant may, within two weeks after receipt of the agency determination, appeal ...