Legal Opinion

City of Newburgh v. Newman

New York Court of Appeals

Decided February 17, 1987PublishedCited by 9 opinions

1Opinion of the Court

*169OPINION OF THE COURT

Simons, J.

The narrow issue presented by this appeal is whether the statutory requirement of compulsory arbitration found in Civil Service Law § 209 (4) applies to "interest” disputes arising during the term of a collective bargaining agreement. We hold that it does.

In 1981, at a time when petitioner City of Newburgh and respondent International Association of Firefighters, AFL-CIO, had in force between them a collective bargaining agreement, the city twice reduced the number of firefighters working each shift. The union acknowledged that the existing agreement authorized…

2Cases cited6 opinions

  1. Elgin, Joliet & Eastern Railway Co. v. BurleySupreme Court of the United States · 1945
  2. Board of Education v. Yonkers Federation of TeachersNew York Court of Appeals · 1976
  3. West Irondequoit Teachers Ass'n v. HelsbyNew York Court of Appeals · 1974
  4. Burke v. BowenNew York Court of Appeals · 1976
  5. Matter of City of Newburgh v. Pub. Employment Relations Bd. of the State of New YorkNew York Court of Appeals · 1984

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3Cited by9 opinions

  1. In Re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'nNew York Court of Appeals · 1999
  2. MATTER OF ROMA v. RuffoNew York Court of Appeals · 1998
  3. County of Erie v. StateAppellate Division of the Supreme Court of the State of New York · 2004
  4. Glens Falls Police Benevolent Ass'n v. New York State Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1993
  5. City of Syracuse v. Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 2000

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