The arbitrator decided against the DEA in a decision issued on Oct. 7, 2016. He reasoned that the Applicant Processing Division is part of the Personnel Bureau of the Police Department and that personnel matters are administrative in nature. He then concluded that the Police Department did not violate Operations Order 19 when it transferred our members from the investigative chart to the administrative chart since their work is primarily administrative. He also determined that while there was a long standing past practice of our members working in the investigative chart, that practice did not modify the unambiguous language of the order and was therefore not controlling.
Here’s the backstory:
The arbitration was held on August 2nd, 2016. All parties were present and the DEA was able to reach a settlement with the City to return all Detectives assigned to Narcotics and working in administrative positions back to the Investigative chart. The City would not agree to return the Detectives assigned to the Applicant Processing Division back to that chart, so the arbitration proceeded on behalf of those Detectives.Post arbitration briefs must be submitted to the arbitrator on September 16th and he will then issue his decision.
Here’s more backstory: The DEA and the NYPD were not able to resolve this matter, therefore an arbitration date was scheduled for February 4th, but the arbitration date was postponed because the City’s witness was not available to testify due to illness. A new arbitration date of June 23, 2016 was set.
Here’s further backstory: The DEA met with the NYPD Commissioner of the Office of Labor Relations and members of his staff on September 10, 2015 to discuss this issue in an effort to reach a resolution without having to proceed to arbitration. Both sides presented their positions and agreed to meet again in order to provide the Commissioner with an opportunity to follow up and discuss this matter with the appropriate members of the Department.
Here’s more back story: The DEA set forth its position to the City in several telephone conferences, and the City and the Police Department wanted to meet to discuss a resolution to this matter. The meeting that was scheduled with the PD for May 29th was cancelled by the Department. We worked to reschedule that meeting. The arbitration waspostponed pending the outcome of the meeting.
Here’s more back story: The DEA filed an amended request for arbitration to include all Detectives who had their charts changed unilaterally by the NYPD from the Investigative Chart to the Administrative Chart, even though they are conducting investigative work. The arbitration was scheduled to take place on June 5 before Arbitrator Leonard Shapiro.
Here’s more back story: On November 25, 2013, the DEA filed a grievance on behalf of Detectives assigned to the Applicant Processing Division when the NYPD placed them in an Administrative Chart after years of working in an Investigative Chart, thereby changing their tours from eight hours and 33 minutes to eight hours and 28 minutes. These Detectives conduct investigations of civilian applicants and must respond to the field, so placing them in an Administrative Chart is a violation of the Collective Bargaining Agreement. The Police Commissioner denied our grievance at Step IV on December 10, 2014, and the DEA then filed for arbitration on January 26, 2015. On March 11, 2015 an arbitrator, Mr. Leonard Shapiro, was selected.
