MATTER OF CITY OF NEW YORK v. DISTRICT COUNCIL 37 AFSCME

3145, 407245/07.

74 A.D.3d 676 (2010)

904 N.Y.S.2d 43

In the Matter of CITY OF NEW YORK et al., Appellants, v. DISTRICT COUNCIL 37 AFSCME et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 24, 2010.


The City argues that any monetary remedy for out-of-title work must be the difference in pay between existing titles covered under the parties' collective bargaining agreement, and not some "new term" of compensation "created" by the arbitrator in excess of her powers under the collective bargaining agreement and contrary to the public policy that compensation be negotiated. Whatever arbitral precedent there might be for such a limitation on the arbitrator's remedy-fashioning...

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