CITY OF NEWBURGH v. NEWMAN


69 N.Y.2d 166 (1987)

In the Matter of the City of Newburgh, Appellant, v. Harold Newman et al., Constituting the Public Employment Relations Board of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 17, 1987.


Attorney(s) appearing for the Case

William M. Kavanaugh, Corporation Counsel, for appellant.

Anthony Cagliostro and Martin L. Barr for Public Employment Relations Board, respondent.

Richard P. Walsh, Jr., and Michael T. McGarry for Local 589, International Association of Firefighters, AFL-CIO, respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


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...

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