Legal Opinion · Dissent

In Re the Arbitration Between Johnson City Professional Firefighters Local 921 & Village of Johnson City

New York Court of Appeals

Decided November 17, 2011No. 191Published

POINTS OF COUNSEL

1Dissent

Ciparick, J. (dissenting).

Because I believe public policy does not prohibit the arbitration of the “no-layoff’ clause in the collective bargaining agreement (CBA) governing the relationship of the parties in this case, and because the majority opinion departs from this Court’s commitment to the furtherance of arbitration as a preferred means of resolving public sector labor disputes, I respectfully dissent.

*39Under the Taylor Law, public sector parties are empowered to arbitrate labor relations disputes arising from a CBA (see Civil Service Law § 204; see also Matter of Board of Educ. of…

2Cases cited8 opinions

  1. In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
  2. In Re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'nNew York Court of Appeals · 1999
  3. Board of Education v. Yonkers Federation of TeachersNew York Court of Appeals · 1976
  4. In Re the Arbitration Between City of Johnstown & Johnstown Police Benevolent Ass'nNew York Court of Appeals · 2002
  5. New York City Transit Authority v. Transport Workers Union of America, Local 100New York Court of Appeals · 2002

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