In the Matter of the Arbitration between Professional, Clerical, Technical Employees Association, Appellant, and Buffalo Board of Education, Respondent.
In the Matter of the Arbitration between Professional, Clerical, Technical Employees Association, Appellant, and Buffalo Board of Education, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 19, 1997
Decided May 8, 1997.
Attorney(s) appearing for the Case
Weiss & Fox, Kenmore (Paul D. Weiss and Russell E. Fox of counsel), for appellant in the first above-entitled proceeding.
Michael B. Risman, Acting Corporation Counsel of City of Buffalo (James L. Jarvis, Jr., and Patricia A. Pancoe of counsel), for respondent in the first above-entitled proceeding.
Weiss & Fox, Kenmore (Paul D. Weiss and Russell E. Fox of counsel), for appellant in the second above-entitled proceeding.
Michael B. Risman, Acting Corporation Counsel of City of Buffalo (James L. Jarvis, Jr., of counsel), for respondent in the second above-entitled proceeding.
Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge WESLEY taking no part.
Court of Appeals of the State of New York.
TITONE, J.
The issue presented in these two appeals is whether an arbitrator's award requiring respondent Buffalo Board of Education to promote the highest-scoring bargaining unit member on a civil service eligible list as required by the terms of the parties' collective bargaining agreement is void as violative of public policy in that it restricts the statutory discretion...
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