In re the Arbitration between Inc. Village of Malverne & Malverne Police Benevolent Ass'n

OPINION OF THE COURT

Eli Wager, J.

The primary issue raised in this application by the Village of Malverne for an order staying the arbitration demanded by the Malverne Police Benevolent Association, Inc. (PBA) is whether arbitration of a directive issued by the chief of police would violate public policy. A second issue is whether the parties agreed to arbitrate this particular dispute. The directive provides as follows: “3. no MEMBER WHO HAS BEEN ON SICK LEAVE WILL BE AUTHORIZED TO WORK OVERTIME UNTIL A MINIMUM OF (48) HOURS HAS ELAPSED FROM THE TIME HE REPORTS OFF SICK LEAVE.” The collective…