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Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
Assn.], 93 NY2d 132, 143; see Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 187 AD3d 900, 901, lv granted 37 NY3d 910; Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 153 AD3d 617, 618). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
Assn.], 93 NY2d 132, 143; see Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 187 AD3d 900, 901, lv granted 37 NY3d 910; Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 153 AD3d 617, 618). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if a grievance alleging a violation of a provision in a collective bargaining agreement may be submitted to arbitration
21 Aug 2017, 4:00 am by The Public Employment Law Press
Determining if a grievance alleging a violation of a provision in a collective bargaining agreement may be submitted to arbitrationCity of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 2017 NY Slip Op 06073, Appellate Division, Second DepartmentYonkers Fire Fighters Local 628, IAFF, AFL-CIO [Local 628] filed a grievance alleging that the City of Yonkers… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Initiating an Article 78 action after filing a demand for arbitration concerning the same matter constitutes a waiver or abandonment of the party's right to arbitrate the issue
15 Oct 2018, 4:00 am by Public Employment Law Press
Initiating an Article 78 action after filing a demand for arbitration concerning the same matter constitutes a waiver or abandonment of the party's right to arbitrate the issueCity of Yonkers v Yonkers Firefighters, 2018 NY Slip Op 06738, Appellate Division, Second Department, [Decided with Matter of Yonkers Firefighters v City of Yonkers, Appellate Division Docket No. 2016-02470][See, also, City of Yonkers… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Initiating an Article 78 action after filing a demand for arbitration concerning the same matter constitutes a waiver or abandonment of the party's right to arbitrate the issue
15 Oct 2018, 4:00 am by Public Employment Law Press
Initiating an Article 78 action after filing a demand for arbitration concerning the same matter constitutes a waiver or abandonment of the party's right to arbitrate the issueCity of Yonkers v Yonkers Firefighters, 2018 NY Slip Op 06738, Appellate Division, Second Department, [Decided with Matter of Yonkers Firefighters v City of Yonkers, Appellate Division Docket No. 2016-02470][See, also, City of Yonkers… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if a dispute between a public employer and a public employee organization is arbitrable
23 Apr 2020, 4:00 am by Public Employment Law Press
* See Board of Educ., Yonkers City School Dist. v Yonkers Fedn. of Teachers, 110 AD2d 897, 898-899; Matter of Board of Educ. of Yonkers City School Dist. v Yonkers Fedn. of Teachers, 81 AD2d 585; and Matter of Board of Education of Yonkers City School Dist. v Yonkers Fedn. of Teachers, 49 AD2d 753.The decision is posted on the Internet… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if a dispute between the parties is arbitrable
6 Apr 2020, 7:30 am by Public Employment Law Press
* See Board of Educ., Yonkers City School Dist. v Yonkers Fedn. of Teachers, 110 AD2d 897, 898-899; Matter of Board of Educ. of Yonkers City School Dist. v Yonkers Fedn. of Teachers, 81 AD2d 585; and Matter of Board of Education of Yonkers City School Dist. v Yonkers Fedn. of Teachers, 49 AD2d 753.The decision is posted on the Internet… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if a dispute between the parties is arbitrable
6 Apr 2020, 7:30 am by Public Employment Law Press
* See Board of Educ., Yonkers City School Dist. v Yonkers Fedn. of Teachers, 110 AD2d 897, 898-899; Matter of Board of Educ. of Yonkers City School Dist. v Yonkers Fedn. of Teachers, 81 AD2d 585; and Matter of Board of Education of Yonkers City School Dist. v Yonkers Fedn. of Teachers, 49 AD2d 753.The decision is posted on the Internet… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if a dispute between a public employer and a public employee organization is arbitrable
23 Apr 2020, 4:00 am by Public Employment Law Press
* See Board of Educ., Yonkers City School Dist. v Yonkers Fedn. of Teachers, 110 AD2d 897, 898-899; Matter of Board of Educ. of Yonkers City School Dist. v Yonkers Fedn. of Teachers, 81 AD2d 585; and Matter of Board of Education of Yonkers City School Dist. v Yonkers Fedn. of Teachers, 49 AD2d 753.The decision is posted on the Internet… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A three-part test is applied by the court to determine if a party to a collective bargaining agreement's demand for arbitration is viable
14 Dec 2018, 4:00 am by Public Employment Law Press
A three-part test is applied by the court to determine if a party to a collective bargaining agreement's demand for arbitration is viableCity of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 2018 NY Slip Op 08294, Appellate Division, Second DepartmentThe collective bargaining agreement [CBA] between Local 328 and the City of Yonkers provides a three-step grievance procedure to resolve a… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A three-part test is applied by the court to determine if a party to a collective bargaining agreement's demand for arbitration is viable
14 Dec 2018, 4:00 am by Public Employment Law Press
A three-part test is applied by the court to determine if a party to a collective bargaining agreement's demand for arbitration is viableCity of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 2018 NY Slip Op 08294, Appellate Division, Second DepartmentThe collective bargaining agreement [CBA] between Local 328 and the City of Yonkers provides a three-step grievance procedure to resolve a… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As a general rule, where there is a reasonable relationship of a grievance and the general subject matter of the collective bargaining agreement the dispute is arbitrable
15 Nov 2019, 4:00 am by Public Employment Law Press
This litigation involved a dispute between the City of Yonkers [City], and Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO [Local 628], concerning a paramedic training course funded by a federal Assistance to Firefighters grant the City had offered its firefighters.After the City denied Local 628's requests for documents related to the paramedic training course,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As a general rule, where there is a reasonable relationship of a grievance and the general subject matter of the collective bargaining agreement the dispute is arbitrable
15 Nov 2019, 4:00 am by Public Employment Law Press
This litigation involved a dispute between the City of Yonkers [City], and Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO [Local 628], concerning a paramedic training course funded by a federal Assistance to Firefighters grant the City had offered its firefighters.After the City denied Local 628's requests for documents related to the paramedic training course,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As a general rule, where there is a reasonable relationship of a grievance and the general subject matter of the collective bargaining agreement the dispute is arbitrable
15 Nov 2019, 4:00 am by Public Employment Law Press
This litigation involved a dispute between the City of Yonkers [City], and Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO [Local 628], concerning a paramedic training course funded by a federal Assistance to Firefighters grant the City had offered its firefighters.After the City denied Local 628's requests for documents related to the paramedic training course,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Public policy in New York State favors arbitral resolution of public sector labor disputes
31 Mar 2021, 4:00 am by Public Employment Law Press
 broad, . relationship between the subject matter of the dispute and the general subject matter of the CBA" (Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 176 AD3d 1197, 1199 [2019] [internal quotation marks omitted]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Public policy in New York State favors arbitral resolution of public sector labor disputes
31 Mar 2021, 4:00 am by Public Employment Law Press
 broad, . relationship between the subject matter of the dispute and the general subject matter of the CBA" (Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 176 AD3d 1197, 1199 [2019] [internal quotation marks omitted]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Triborough Doctrine yields to an amendment to a law applicable to a provision in an expired collective bargaining agreement if the Legislature did not specifically direct otherwise
4 Apr 2013, 7:14 am
The City of Yonkers and the Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, had periodically extended a CBA dated July 1, 2002 by “stipulation. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if an alleged violation of a memorandum of understanding supplementing a collective bargaining agreement is arbitrable
19 Nov 2020, 4:00 am by Public Employment Law Press
(See Matter of City of Yonkers v Yonkers Fire Fighters, Local 628 IAFF, AFL-CIO, 176 AD3d at 1199). 6. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if an alleged violation of a memorandum of understanding supplementing a collective bargaining agreement is arbitrable
19 Nov 2020, 4:00 am by Public Employment Law Press
(See Matter of City of Yonkers v Yonkers Fire Fighters, Local 628 IAFF, AFL-CIO, 176 AD3d at 1199). 6. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Although an employee organization and the employer are able to retroactively bind each other to the terms of a collective bargaining agreement, they unable to bind third parties to the agreement under color of the Taylor Law
30 Dec 2013, 4:00 am by The Public Employment Law Press
” [See, also, Matter of Council of School Supervisors & Adm'rs, Local 1 v New York City Dept. of Educ., 87 AD3d 883, an entity not a party to a collective bargaining agreement negotiated pursuant to the Taylor Law may not be bound by its terms.]* See Governor’s Program Bill Mem, Bill Jacket, Chapter 504 of the Laws of, 2009 ** Civil Service Law § 209-a [1] [e]*** Matter of City of Oswego, 21 NY3d 880; Matter of City of… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/