Stopping Nassau County Executive’s Power Expansion Law
(Long Island, NY) On August 20, 2012 Judge Arthur Spatt in Federal Court issued a much anticipated decision on the Nassau County Executive Powers Expansion Law (Local Law #315-12). This law, if enacted, would have given the Nassau County Executive the authority to open up collective bargaining agreements and extract $41 million dollars or more in drastic labor cuts to pay for the County’s backlog of property tax judgments.
Judge Spatt granted the plaintiffs, (the Correction Officers Benevolent Association, the Civil Service Employees Association, the Police Benevolent Association, the Detectives Association Inc. and the Superior Officers Association), the Preliminary Injunction, barring the County Executive from unilaterally modifying any terms or conditions of employment for any unions that are set forth in contracts. No changes can be made pending the final determination at the conclusion of the case.
Also denied was the County’s argument that Judge Spatt didn’t have the jurisdiction to decide the Federal issue since COBA has introduced a motion in State Court contesting the manner in which this Local Law was adopted. COBA is still proceeding in State Court on this matter. Lastly, the County asked the Judge to have the plaintiff’s post a $41 million bond to put in escrow pending the final determination. Judge Spatt denied the County’s motion on that request as well.
“This is a major victory for COBA and all of the other County labor unions. This injunction puts aside the immediate threat of the County Executive unilaterally opening up our contracts and modifying our collective bargaining agreements. We believe that Local Law 315-12 is unconstitutional and that this law was illegally approved by the legislature. We are very confident that we will prevail in these matters in the coming months,” said John Jaronczyk, President of the Nassau County Sheriff’s Correction Officers Benevolent Association.
The Nassau County Sheriff’s Correction Officer Benevolent Association (COBA) is the union representing more than 1,000 Correction Officers in Nassau County. COBA is recognized by the County of Nassau as the exclusive and unchallenged negotiating representative for collective negotiations with respect to rates of pay, salaries, hours, grievances and other terms and conditions of employment for all employees in the negotiating unit. For more information, visit www.ncshoa.org.
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