Opinion
November 21, 1994
Appeal from the Supreme Court, Orange County (Rosato, J.).
Ordered that the judgment is reversed, on the law, with costs, and the proceeding is dismissed on the merits.
The petitioner, an Orange County employee covered by a collective bargaining agreement between the appellant, the County of Orange, and the Civil Service Employees Association, injured his back on the job and applied for a one-year leave of absence with full pay pursuant to article 20 of the agreement. The application was denied by the Commissioner of Personnel and the petitioner submitted a grievance to his immediate supervisor pursuant to article 30 of the agreement. The supervisor rendered a "first step" decision sustaining the petitioner's grievance and granting him leave with full pay based on his finding that the petitioner "is a very capable, dedicated employee and deserves to be paid full pay." The County refused to honor the supervisor's decision, and the petitioner brought this proceeding to compel the County's compliance with the decision.
Under article 20 of the collective bargaining agreement, the Commissioner of Personnel is given sole discretion in granting paid leave. In the absence of any evidence to establish that the parties intended to limit the discretion of the Commissioner of Personnel, or under what circumstances paid leave had been granted in the past, there is no rational basis for the supervisor's determination construing article 20 as a mandatory requirement on the part of the County (cf., Rochester City School Dist. v. Rochester Teachers Assn., 41 N.Y.2d 578). Accordingly, the County shall not be compelled to comply with the determination of the petitioner's supervisor sustaining the grievance.
In light of our determination, we need not address the parties' remaining contentions. Miller, J.P., O'Brien, Joy and Krausman, JJ., concur.