Opinion
January 29, 1991
Appeal from the Supreme Court, New York County (William McCooe, J.).
Due to a scheduling conflict, a number of Patrolmen's Benevolent Association (PBA) members who had intended to take a promotional examination at 8:30 A.M. were required to take it at 10:30 A.M., allegedly losing two hours of swing time between shifts. On behalf of these officers, the PBA seeks to arbitrate a grievance for overtime, which may be obtained pursuant to the collective bargaining agreement only where work is ordered or authorized by the Police Department. Because there is a rational basis for the Collective Bargaining Board's conclusion that the two hours spent sitting for the examination were not ordered and/or authorized by the Police Department, and because it is appropriate to defer to the expertise of the Collective Bargaining Board, petitioners' article 78 proceeding was properly dismissed. (Matter of Caruso v Anderson, 138 Misc.2d 719, 720, affd 145 A.D.2d 1004, lv denied 73 N.Y.2d 709.)
Concur — Rosenberger, J.P., Ellerin, Wallach, Smith and Rubin, JJ.