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Justice Mary Smith ruled favorably for Yonkers Firefighters Local 628 regarding a collective bargaining agreement and health/retirement benefits, according to a press release from Rubenstein Associates.
The firefighters union filed a grievance in September 2013 on behalf of retired firefighter Kevin McGrath, who was seeking benefits without filing an application. The city disagreed, asserting that McGrath would have to file an application for benefits.
The union argued that retired firefighters were not exempt from the collective bargaining agreement and that the demand that McGrath file a new application was a change of practice, according to the Rubenstein Associates release.
Smith ruled that "there is a reasonable relationship between the subject dispute as to whether a retired firefighter is entitled to receive [benefits under sections of the General Municipal Law and the Collective Bargaining Agreement] and thus arbitration of the subject grievance is required."
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