Legal Opinion

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

New York Court of Appeals

Decided November 17, 2011No. 191PublishedCited by 10 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

The issue on appeal is whether the parties are required to arbitrate the meaning of a “no-layoff’ clause in their collective *36bargaining agreement. Given the particular contract in this case, we conclude that they are not.

I

On May 22, 2008, the Village of Johnson City and Johnson City Professional Fire Fighters, Local 921 IAFF executed a collective bargaining agreement (CBA) for a term running from June 1, 2006 through May 31, 2011. The CBA contains a no-layoff clause that states, in full: “A. The Village shall not lay-off any member of the bargaining unit during…

2Cases cited4 opinions

  1. Board of Education v. Yonkers Federation of TeachersNew York Court of Appeals · 1976
  2. Burke v. BowenNew York Court of Appeals · 1976
  3. Yonkers School Crossing Guard Union of Westchester Chapter v. City of YonkersNew York Court of Appeals · 1976
  4. In re the Arbitration between Johnson City Professional Firefighters Local 921 & Village of Johnson CityAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by10 opinions

  1. Matter of Village of Endicott (Village of Endicott Police Benevolent Assn., Inc.)Appellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Village of Garden City v. Local 1588, Professional Firefighters Assn.Appellate Division of the Supreme Court of the State of New York · 2015
  3. MATTER OF ARBITRATION BETWEEN JOHNSON CITY PROFESSIONAL FIREFIGHTERS LOCAL 921 v. Village of Johnson CityNew York Court of Appeals · 2012
  4. CITY OF LOCKPORT, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2016
  5. In Re the Arbitration Between Johnson City Professional Firefighters Local 921 & Village of Johnson CityNew York Court of Appeals · 2011

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