Legal Opinion · Dissent

In re the Arbitration Between City of Oswego

New York Court of Appeals

Decided April 2, 2013Published

1Dissent

Chief Judge Lippman (dissenting).

For the reasons stated in my dissent in Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO (20 NY3d 651, 659 [2013] [decided today]), I believe the Collective Bargaining Agreement (CBA) between the City of Oswego (the City) and the Oswego City Firefighters Association (the Union) was “in effect” for purposes of chapter 504 of the Laws of 2009 (part A, § 8) and that arbitration of the present dispute was not prohibited.

Additionally, there is no public policy justification under our precedents to vacate the arbitration award here. There…

2Cases cited8 opinions

In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
In Re the Arbitration Between Weinrott & CarpNew York Court of Appeals · 1973
New York State Correctional Officers & Police Benevolent Ass'n v. StateNew York Court of Appeals · 1999
United Federation of Teachers, Local 2 v. Board of EducationNew York Court of Appeals · 2003
Associated Teachers of Huntington, Inc. v. Board of EducationNew York Court of Appeals · 1973

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