City of Amsterdam, Respondent,
v.
Robert D. Helsby et al., Constituting the Public Employment Relations Board of the State of New York, et al., Appellants.
City of Buffalo, Appellant,
v.
New York State Employment Relations Board et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 25, 1975.
Decided June 5, 1975.
Attorney(s) appearing for the Case
Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for Robert D. Helsby and others, appellants in the first above-entitled action.
Dominick Tocci and William Pozefsky for remaining appellant in the first above-entitled action.
Joseph Jacobs for respondent in the first above-entitled action.
Benjamin Werne and Alan C. Marin for the New York State Conference of Mayors and Municipal Officials, amicus curiae in the first above-entitled action.
Arthur J. Harvey for the Police Conference of New York, Inc., amicus curiae in the first above-entitled action.
Richard P. Walsh, Jr. for the New York State Professional Fire Fighters Association, Inc., amicus curiae in the first above-entitled action.
Leslie G. Foschio, Corporation Counsel (James J. McLoughlin of counsel), for appellant in the second above-entitled action.
Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for the New York State Public Employment Relations Board, respondent in the second above-entitled action.
Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE concur with Judge JASEN; Judge FUCHSBERG concurs in result in a separate opinion.
Court of Appeals of the State of New York.
JASEN, J.
In 1974, the Legislature amended section 209 of the Civil Service Law so as to provide that disputes arising in the course of collective bargaining negotiations between a public employer and its firemen and policemen are to be submitted to an arbitration panel, established under the jurisdiction of the Public Employment Relations Board (hereinafter "PERB"), for compulsory and binding arbitration. In...
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