Legal Opinion
In Re the Arbitration Between Buffalo Police Benevolent Ass'n & City of Buffalo
New York Court of Appeals
Decided June 7, 2005PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
R.S. Smith, J.
We held in Matter of Professional, Clerical, Tech. Empls. Assn. (Buffalo Bd. of Educ.) (90 NY2d 364 [1997] [PCTEA]) that a public employer could, without violating public policy, agree to forgo its statutory authority to choose any one of three candidates for promotion to clerical and secretarial positions. We now hold that the rule of PCTEA does not apply to the promotion of police officers. Public policy requires that police departments retain the authority given them by Civil Service Law § 61 (1) to select one of three candidates for such promotions.
Facts…
2Cases cited2 opinions
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- In Re the Arbitration Between Professional, Clerical, Technical Employees Ass'n & Buffalo Board of EducationNew York Court of Appeals · 1997
3Cited by13 opinions
- Consedine v. Portville Central School DistrictNew York Court of Appeals · 2009
- Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations BoardNew York Court of Appeals · 2006
- In re the Arbitration Between Lucas & City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2012
- In re the Arbitration between Town of Webb Union Free School District & Atlantic Energy Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Syracuse Industrial Development Agency v. GamageAppellate Division of the Supreme Court of the State of New York · 2010
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