In the Matter of City of Rochester, ROCHESTER POLICE DEPARTMENT, Petitioner,
Rochester Police Locust Club, Respondent.
This case is not published in a printed volume and its disposition appears in a table in the reporter.
THOMAS S. RICHARDS, Corporation Counsel YVETTE CHANCELLOR GREEN, ESQ., of Counsel, Attorney for Petitioner
TREVETT CRISTO SALZER ANDOLINA, P.C., LAWRENCE J. ANDOLINA, ESQ., of Counsel, Attorney for Respondent
William P. Polito, J.
This dispute was submitted by the parties to binding arbitration pursuant to the Collective Bargaining Agreement (CBA) between the City of Rochester (City) and The Rochester Police Locust Club, the bargaining unit for police officers, sergeants, lieutenants, and captains (Association). The arbitrator's factual findings, determination and rationale is dated June 4, 2007 and attached to the movant's petition as Exhibit C.
The movant City seeks to set aside the arbitrator's determination as exceeding his authority, being totally irrational, against public policy and exceeding the scope of the judicial issues raised by the grievance.
The Association responds that the determination is not totally irrational, against public policy, without authority, or exceeds the grievance issues, and seeks to confirm the award.
The petition and the cross motion are denied without prejudice as interlocutory and not yet final.
The specific issue presented to Arbitrator Melchick was: "Did the City violate Article 15 of the Collective Bargaining Agreement when it changed the selection protocol for special ...