City of Buffalo v. New York State Public Employment Relations Board

The plaintiff City of Buffalo, seeks a judgment declaring certain provisions of the New York Civil Service Law unconstitutional and enjoining the defendant Public Employment Relations Board (“PERB”) from further proceeding or acting thereunder. At issue are those provisions of subdivision 4 of section 209 of the Civil Service Law which mandate binding arbitration of wage disputes between a municipality and its duly organized fire and police forces.

In the event that such disputes cannot be resolved through negotiation or mediation, section 209 (subd. 4, par. [c]) requires that the dispute be…