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PBA v. CITY OF NEW YORK

27 N.Y.2d 410 (1971)

Patrolmen's Benevolent Association of the City of New York, Inc., et al., Respondents, v. City of New York, Appellant. City of New York, Appellant, v. Patrolmen's Benevolent Association of the City of New York, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided January 14, 1971.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (John J. Loflin, Stanley Buchsbaum, Edmund B. Hennefeld, Beatrice Rothman and Joan McAvoy of counsel), for appellant.

Louis Nizer, Charles Ballon, Paul Martinson, Stuart Linnick and Norris Wolff for respondents.

Murray A. Gordon for Uniformed Fire Officers Association, Local 854, International Association of Fire Fighters, AFL-CIO, respondent.

Leslie Trager, Milton Kunen, Frederick R. Livingston and Paul J. Curran for Sergeants Benevolent Association, respondent.

David L. Benetar and Stanley Schair for Economic Development Council of New York City, Inc., amicus curiae.

Woodson D. Scott for New York Chamber of Commerce, amicus curiae.

Julius Topol, Joan Stern Kiok and Bertram Perkel for District Council 37, AFSCME, AFL-CIO, amicus curiae.

Judges BREITEL, JASEN and GIBSON concur with Judge BERGAN; Chief Judge FULD dissents and votes to affirm in a separate opinion in which Judges BURKE and SCILEPPI concur.

BERGAN, J.

The action is to enforce a purported collective bargaining agreement between the Patrolmen's Benevolent Association and the City of New York for the period October 1, 1968 to December 31, 1970. The complaint alleges the agreement was made January 28, 1969 between the association and the city and that among its provisions was the establishment of a ratio of 3 to 3.5 between patrolmen's and sergeants...

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