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MATTER OF ARBITRATION BETWEEN CITY OF JOHNSTOWN & JOHNSTOWN POLICE

99 N.Y.2d 273 (2002)

784 N.E.2d 1158

755 N.Y.S.2d 49

In the Matter of the Arbitration between CITY OF JOHNSTOWN, Appellant, and JOHNSTOWN POLICE BENEVOLENT ASSOCIATION, Respondent. In the Matter of the Arbitration between CITY OF SCHENECTADY, Appellant, and SCHENECTADY POLICE BENEVOLENT ASSOCIATION, Respondent.

Court of Appeals of the State of New York.

Decided December 17, 2002.

Attorney(s) appearing for the Case

Roemer Wallens & Mineaux LLP, Albany (Elayne G. Gold and Robert E. Smith of counsel), for appellants in the first and second above-entitled proceedings.

Grasso & Grasso, Schenectady (Jane K. Finin and Michelle M. Scuderi of counsel), for respondents in the first and second above-entitled proceedings.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur with Judge ROSENBLATT; Judge GRAFFEO dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

ROSENBLATT, J.

In these appeals, Police Benevolent Associations (PBAs) in the Cities of Johnstown and Schenectady sought arbitration of grievances concerning the calculation of certain employees' retirement benefits pursuant to the formula contained in Retirement and Social Security Law § 302 (9) (d). Both cases present the same question: whether the grievances are arbitrable. We...

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