In the Matter of James Hughes,
et al.,
Respondents,
Local 333, United Marine
Division, ILA, AFL-CIO, &c.,
et al.,
Intervenors,
v.
John J. Doherty, &c.,
Appellant.
2005 NY Int. 104
The sole issue before this Court is whether the New
York City Department of Sanitation ("DOS") acted irrationally in
determining that the title "oiler" is not in the direct line of
promotion to the job titles "crane operator" and "tractor
operator" when it refused to allow laid-off DOS crane and tractor
James Hughes and Joseph Konczynki commenced this CPLR article 78 proceeding on behalf of themselves and similarly situated members of International Union of Operating Engineers Local 14-14B, 15, 15A, 15C, 15D and AFL-CIO[1] (collectively "petitioners") against John J. Doherty as DOS Commissioner. Among other relief, the petition sought a recision of layoffs, back pay and reassignment to their former positions.
Petitioners were employed by DOS at the Fresh Kills landfill in Staten Island. In 1996, the State Legislature declared that Fresh Kills would be prohibited from accepting solid waste after January 1, 2002. Although the landfill effectively ceased operations in early 2001, the site was briefly reopened when it became an integral part of the post-September 11 recovery operation. However, after the recovery operation slowed down, the facility began to downsize.
The titles targeted for layoffs included crane and
tractor operators. Prior to the layoffs, DCAS reviewed the
Petitioners argued that the position of oiler falls
within the direct line of promotion for tractor and crane
operator or, in the alternative, that the positions should be
considered comparable for layoff purposes. Supreme Court
rejected the alternative argument but agreed with petitioners
that the position of oiler was a "de facto" lower grade title in
direct line of promotion for both crane operator and tractor
operator. The court stated, "[t]he decision not to consider the
oiler as such has no basis in reason or fact." Supreme Court
directed that the laid-off crane and tractor operators be placed
on a preferred list and that they replace individuals holding
provisional oiler positions pursuant to Civil Service Law § 81.
The Appellate Division affirmed, holding that the agency acted
arbitrarily and capriciously in not finding a direct line of
promotion from oiler to crane and tractor operators. We granted
Civil Service Law § 81 provides that after abolition of a position, the individuals who are subject to layoffs are placed on a preferred list. That list is used to fill vacancies "first, in the same or similar position; second, in any position in a lower grade in line of promotion; and third, in any comparable position" (Civil Service Law § 81 [1]). As no vacant or provisional tractor or crane operator positions were available, the issue was narrowed to whether there existed a lower grade in line of promotion to crane operator or tractor operator, or whether there were any comparable positions.
A review of the respective job title classifications issued by DCAS reveals that since 1974 the primary duties of an oiler have been described as "the lubrication of power plant, pumping and/or construction equipment." There is a multiple choice examination for the position and the direct lines of promotion are listed as only stationary engineer and electric stationary engineer, not crane or tractor operator.
A tractor operator, on the other hand, is described as
one who "operates and does minor maintenance on refuse haulers
... at landfills and other projects of the City of New York." A
practical examination is required and the title states that no
current direct line of promotion in either direction exists for
the title. The crane operator is listed as one who "operates,
maintains and makes such minor repairs as are necessary to ensure
When promotional series exist -- that is, certain job titles are in a line of promotion to other job titles -- the higher title is open only to employees being promoted from the lower grade job, based on a required promotional examination. Otherwise, jobs are filled by a competitive examination open to everyone who fits the specified qualifications. Here it is undisputed that the job title "oiler" is not currently classified as a lower grade title in the line of promotion to tractor or crane operator. The positions of crane operator, tractor operator and oiler are all based on open competitive examinations. The relevant aspects of the present classification system have been in place for over 30 years. Indeed, petitioners have benefitted from the very job classification system whose propriety they now seek to challenge, inasmuch as the open competitive system has enabled those who were not then employed by the City as oilers to apply for jobs that would otherwise have been closed to them.
Nevertheless, Supreme Court found that the oiler title
was a "de facto" lower grade title in the line of promotion to
crane and tractor operator, based primarily on the prior
classification of a now superseded job title. The court
DCAS maintains both policymaking authority and functional responsibility for civil service matters in New York City ( see NY City Charter § 813; see also Matter of City of New York v City Civil Serv. Commn., , 60 NY2d 436, 442 [1983]). As an administrative agency, DCAS is afforded discretion in its actions. Accordingly, judicial review of DCAS's classification system and determinations are limited to whether there was a rational basis for the agency's conclusion ( see CPLR 7803 [3]); see also Matter of Sullivan County Harness Racing Assn. v Glasser, , 30 NY2d 269, 277-278 [1972]). Unless the administrative agency's determinations were arbitrary or capricious, a court should not undermine its actions ( see Matter of Pell v Bd. of Educ., , 34 NY2d 222, 231 [1974]).
We hold that DCAS acted within its discretion in
finding that an oiler was not in the direct line of promotion to
the position of crane operator or tractor operator. Furthermore,
the fact, relied on by Supreme Court, that the 1964
classification for "portable oiler"[2]
listed crane engineer and
First, in investigating petitioners' grievances, DCAS hired an engineer to evaluate the roles of the tractor and crane operators compared to that of the oilers. The engineer found that, as a class, the duties and skills of each title do not entirely overlap and thus DCAS reasonably concluded that it would be in the City's interest not to extend a promotional line where one did not then exist. If the agency had permitted the tractor and crane operators to displace provisional oilers, petitioners would have been assigned to the oiler positions based solely on seniority, with no consideration given to their actual skills. In addition, petitioners would have taken on the new positions without the benefits and safeguards of a probationary period.
Second, by declining to place oilers in the direct line
of promotion to crane or tractor operators, the City opened up
the operator jobs to competitive application -- not limited to
current oilers -- thereby expanding the pool of skilled
applicants available to fill the positions to include those non-
Third, the superseded "oiler (portable)" job title, which had been in the direct line of promotion to crane engineman and tractor operator, specified in its job description that among the typical tasks to be performed by a worker serving in this title, was that the employee "may drive truck cranes." When the specifications were redrawn for the reunified oiler title in 1974, however, there was no reference to any duties, responsibilities or typical tasks that involved the operation or driving of any portable construction equipment.
In rejecting the rationality of DCAS's approach to
establish lines of promotion, Supreme Court improperly
substituted its judgment for the expertise of the agency. "The
judicial function is exhausted when there is found to be a
rational basis for the conclusions approved by the administrative
body" ( Matter of Sullivan County, 30 NY2d at 277-278 [citations
omitted]). DCAS should be afforded discretion in the performance
of its duties, and the classification system at issue was
implemented and followed rationally. DCAS's failure to find a
line of promotion from oiler to crane and tractor operators was
neither arbitrary nor capricious, but well reasoned in light of
We need not reach the issue of whether DOS properly raised a statute of limitations defense.
Accordingly the order of the Appellate Division should be reversed, with costs, and the petition dismissed.
1 Local 333, United Marine Division, ILA and AFL-CIO was permitted to intervene on behalf of displaced launch operators. Its claims, however, were dismissed by order of Supreme Court and are not the subject of this appeal.
2 In 1964 the oiler title was split into two titles, portable oilers and stationary oilers. We invalidated the title change in Matter of Morrison v Hoberman (, 26 NY2d 150 1970]). Subsequently, the titles were reclassified as one in 1974. In doing so, however, DCAS also removed the promotional line to crane engineer and tractor operator that had existed in 1964 for portable oilers.