New York Court of Appeals

In the Matter of the Arbitration Between City of Johnstown, Appellant, and Johnstown Police Benevolent Association…

December 17, 200299 N.Y.2d 273

Summary

The New York Court of Appeals affirmed the Appellate Division orders dismissing the Cities' petitions to stay arbitration, holding that the grievances over Tier II retirement benefits are arbitrable under the established two‑part test. The Court reasoned that no statutory, constitutional, or public‑policy prohibition exists and that the collective bargaining agreements contain a reasonable relationship to the dispute. Justice Graffeo dissented, arguing the grievances fail the first prong of the test and should be stayed.