Jack W. Ellingsworth v. City Watertown

[113 A.D.2d 1013 Page 1013] Appeal unanimously dismissed, on the law, without costs. Memorandum: Plaintiff is a sergeant in the Watertown Police Department who, at the time this action was instituted, was receiving disability compensation pursuant to General Municipal Law § 207-c. He seeks to recover for holiday pay withheld by the city during the year of 1983 in the amount of $796.88. Plaintiff commenced this action in the City Court of Watertown. The city filed a notice of appearance and moved to dismiss the complaint for failure to join the Police Benevolent Association (PBA) as a necessary party and for lack of subject matter jurisdiction, claiming that plaintiff's remedy was limited to the grievance procedure set forth in the collective bargaining agreement between the PBA and the city. City Court denied the motion, finding that the complaint concerned compensation, which is excluded from the grievance procedure in the collective bargaining agreements, and that the PBA was not a necessary party. On defendant's appeal to the County Court of Jefferson County, the court reversed, finding that the complaint involved an issue which could have been included in the collective bargaining agreement, that the contract negotiations should be reopened to deal with this matter, and that the PBA was a necessary party.