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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
"The Appellate Division, however, cautioned that "[a] grievance may be submitted to arbitration only where the parties agree to arbitrate that kind of dispute, and where it is lawful for them to do so," citing Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273]. [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
"The Appellate Division, however, cautioned that "[a] grievance may be submitted to arbitration only where the parties agree to arbitrate that kind of dispute, and where it is lawful for them to do so," citing Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273]. [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
"The Appellate Division, however, cautioned that "[a] grievance may be submitted to arbitration only where the parties agree to arbitrate that kind of dispute, and where it is lawful for them to do so," citing Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273]. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The two-prong test used by the court to determine "whether a grievance is arbitrable"
15 Jan 2015, 4:00 am by The Public Employment Law Press
The Appellate Division said that resolution of the issue before it was governed by two-prong test set by the Court of Appeals to be used to determine "whether a grievance is arbitrable" in Matter of City of Johnstown [Johnstown Police Benevolent Assn., 99 NY2d 273.* The first prong of the test, frequently referred to as "the may-they-arbitrate' prong," concerns whether there is any statutory, constitutional or… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Judicial consideration of a party's CPLR Article 75 petition seeking a permanent stay of arbitration
6 Apr 2022, 5:00 am by Public Employment Law Press
Citing Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273, the Appellate Division explained that in determining whether a dispute between a public sector employer and an employee organization is arbitrable "a court must first determine whether 'there is any statutory, constitutional or public policy prohibition against arbitration of the grievance.'"  If, said the Appellate… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Judicial consideration of a party's CPLR Article 75 petition seeking a permanent stay of arbitration
6 Apr 2022, 5:00 am by Public Employment Law Press
Citing Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273, the Appellate Division explained that in determining whether a dispute between a public sector employer and an employee organization is arbitrable "a court must first determine whether 'there is any statutory, constitutional or public policy prohibition against arbitration of the grievance.'"  If, said the Appellate… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A statutory, constitutional or public policy prohibition bars the arbitration of a provision set out in a collective bargaining agreement
16 Apr 2020, 4:00 am by Public Employment Law Press
As the Court of Appeals held in Matter of City of Johnstown [Johnstown Police Benevolent Assn., 99 NY2d 273,  a court undertakes a two-prong analysis in determining whether a grievance between a public employer and an employer organization representing employee in a collective bargaining unit is arbitrable.The first prong is the "may-they-arbitrate" prong where the court must determine if "there is any statutory,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A statutory, constitutional or public policy prohibition bars the arbitration of a provision set out in a collective bargaining agreement
16 Apr 2020, 4:00 am by Public Employment Law Press
As the Court of Appeals held in Matter of City of Johnstown [Johnstown Police Benevolent Assn., 99 NY2d 273,  a court undertakes a two-prong analysis in determining whether a grievance between a public employer and an employer organization representing employee in a collective bargaining unit is arbitrable.The first prong is the "may-they-arbitrate" prong where the court must determine if "there is any statutory,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The court, rather than the arbitrator, is to determine if the grievance at issue was timely served and if all procedural steps were timely satisfied
6 Aug 2020, 4:30 am by Public Employment Law Press
First, citing City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273, the Appellate Division said that the court must determine whether "there is any statutory, constitutional or public policy prohibition against arbitration of the grievance. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The court, rather than the arbitrator, is to determine if the grievance at issue was timely served and if all procedural steps were timely satisfied
6 Aug 2020, 4:30 am by Public Employment Law Press
First, citing City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273, the Appellate Division said that the court must determine whether "there is any statutory, constitutional or public policy prohibition against arbitration of the grievance. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
If a party objects to arbitrating a provision in a Taylor Law collective bargaining agreement courts will require a showing that it is lawful to arbitrate the dispute and that the parties agreed to arbitrate such a dispute
26 Jul 2019, 4:00 am by Public Employment Law Press
The Appellate Division sustained the Supreme Court's ruling.Explaining that the court's role in reviewing applications to stay arbitration is a limited one, the Appellate Division said that central inquiry is whether the dispute is arbitrable, citing City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if a demand to arbitrate an alleged violation of a term or condition set out in a collective bargaining agreement is viable
6 Feb 2024, 6:30 am by Public Employment Law Press
* See Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if a demand to arbitrate an alleged violation of a term or condition set out in a collective bargaining agreement is viable
6 Feb 2024, 6:30 am by Public Employment Law Press
* See Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The judicial test for determining if a grievance involving a term or condition set out in a collective bargaining agreement is arbitrable
12 Oct 2017, 4:00 am by The Public Employment Law Press
The Appellate Division said it agreed with Local 825 that Supreme Court erred in granting Lewis County's petition, explaining in City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273, the Court of Appeals set out a two-pronged test to determine "whether a grievance is arbitrable. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Procedural issues concerning the arbitrability of a grievance is for the arbitrator to resolve
9 Feb 2010, 3:21 am
The Federation appealed and the Appellate Division vacated the lower court’s ruling.Noting that “[t]he original grievance remains unresolved and the issue on this appeal is whether it is subject to arbitration,” the Appellate Division ruled that in the absence of any claim of a "statutory, constitutional or public policy prohibition against arbitration of the grievance," the issue should be submitted to arbitration, citing Matter of… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Procedural issues concerning the arbitrability of a grievance is for the arbitrator to resolve
14 Apr 2009, 4:10 am
The Federation appealed and the Appellate Division vacated the lower court's ruling.Noting that "[t]he original grievance remains unresolved and the issue on this appeal is whether it is subject to arbitration," the Appellate Division ruled that in the absence of any claim of a "statutory, constitutional or public policy prohibition against arbitration of the grievance," citing Matter of City of Johnstown [Johnstown… [read post]
New York Public Personnel Law - http://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
In determining whether a grievance is arbitrable, a court must "'first ask whether there is any statutory, constitutional or public policy prohibition against arbitration of the grievance,'" and if there is no prohibition against arbitration, the court must "'then examine the CBA to determine if the parties [*2]have agreed to arbitrate the dispute at issue'" (Matter of City of Yonkers v Yonkers Fire… [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
In determining whether a grievance is arbitrable, a court must "'first ask whether there is any statutory, constitutional or public policy prohibition against arbitration of the grievance,'" and if there is no prohibition against arbitration, the court must "'then examine the CBA to determine if the parties [*2]have agreed to arbitrate the dispute at issue'" (Matter of City of Yonkers v Yonkers Fire… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Arbitrating the interpretation of a collective bargaining agreement
23 Jun 2011, 3:58 am
The Appellate Division came to the same conclusion in a case involving the same basic issue: City of Johnstown v Johnstown PBA, decided December 20, 2001. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Alleged abolishment of positions in violation of a provision in a CBA held to be subject to grievance arbitration
13 May 2010, 12:39 am
The Union and the firefighters filed a grievance asserting that the Village's action violated the CBA's no-layoff provision.The Appellate Division said that in deciding whether a grievance is arbitrable, "[w]e first ask whether there is any statutory, constitutional or public policy prohibition against arbitration of the grievance," citing Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/