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NYC SANITATION v. MacDONALD

87 N.Y.2d 650 (1996)

664 N.E.2d 1218

642 N.Y.S.2d 156

In the Matter of New York City Department of Sanitation et al., Appellants, v. Malcolm D. MacDonald, as Chairman of the New York City Board of Collective Bargaining, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 26, 1996.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Elaine R. Witkoff and Larry A. Sonnenshein of counsel), for appellants.

Victoria A. Donoghue, New York City, and Wendy E. Patitucci for Malcolm D. MacDonald and another, respondents.

Robin Roach, New York City, and Robert Perez-Wilson for District Council 37, Local 375, AFSCME, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH and LEVINE concur; Judge CIPARICK taking no part.

BELLACOSA, J.

The New York City Board of Collective Bargaining determined that an alleged employee disciplinary grievance was subject to arbitration. The lower courts upheld the Board's determination and concluded that it did not impinge on public policy. The New York City Department of Sanitation appeals to this Court by our grant of leave to appeal. The issue presented is whether the Board's determination of...

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