39 Cited authorities

  1. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,219 times   6 Legal Analyses
    Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”
  2. Steelworkers v. Enterprise Corp.

    363 U.S. 593 (1960)   Cited 3,677 times   2 Legal Analyses
    Holding that a reviewing court should not refuse to enforce an arbitral award merely because it would read the collective bargaining agreement differently than the arbitrator
  3. United States Trust Co. v. New Jersey

    431 U.S. 1 (1977)   Cited 963 times   7 Legal Analyses
    Holding a contractual impairment unreasonable in part because for "over a half century" "the need for mass transportation in the New York metropolitan area was not a new development, and the likelihood that publicly owned commuter railroads would produce substantial deficits was well known"
  4. Energy Reserves Group v. Kansas Power Light

    459 U.S. 400 (1983)   Cited 735 times   12 Legal Analyses
    Holding that impairment of contract was not substantial where the parties to the contract were "operating in a heavily regulated industry"
  5. General Motors Corp. v. Romein

    503 U.S. 181 (1992)   Cited 489 times   2 Legal Analyses
    Holding there was no contractual relationship regarding the statutory terms at issue, and therefore no violation of the Contract Clause
  6. Matter of Board of Education

    93 N.Y.2d 132 (N.Y. 1999)   Cited 161 times   1 Legal Analyses
    In Watertown, the New York Court of Appeals scrutinized two-decades of jurisprudence concerning the "presumptions relating to arbitrability in the public sector [and] the respective roles of courts and arbitrators...."
  7. University of Hawaii Prof. Asm. v. Cayetano

    183 F.3d 1096 (9th Cir. 1999)   Cited 113 times
    Holding that receiving pay even a couple of days late can seriously affect an employee's financial situation and constitutes substantial impairment under the Contracts Clause
  8. In Matter of Chautauqua v. Civil Ser. Emp. Assn.

    2007 N.Y. Slip Op. 3756 (N.Y. 2007)   Cited 70 times

    No. 55. Argued March 22, 2007. Decided May 1, 2007. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered February 3, 2006. The Appellate Division (1) reversed, on the law, insofar as appealed from, an order of the Supreme Court, Chautauqua County (Frederick J. Marshall, J.), entered in a proceeding pursuant to CPLR article 75, which had granted in part the petition to stay arbitration and stayed arbitration

  9. Bd. of Educ., Huntington v. Teachers

    30 N.Y.2d 122 (N.Y. 1972)   Cited 148 times   1 Legal Analyses
    In Huntington, we held that a lumpsum retirement incentive was not a feature of a "retirement system", which section 113 of the Retirement and Social Security Law forbade the municipality to create, because it was compensation for services actually rendered.
  10. In the Matter of Johnstown

    99 N.Y.2d 273 (N.Y. 2002)   Cited 58 times

    155, 156 Decided December 17, 2002. Appeal, in the first above-entitled proceeding, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered December 20, 2001, which (1) reversed, on the law, an order of the Supreme Court (Robert P. Best, J.) entered in Fulton County, granting a petition to stay arbitration relating to the retirement provision of the parties' collective bargaining agreement, and (2) dismissed the

  11. Section 7503 - Application to compel or stay arbitration; stay of action; notice of intention to arbitrate

    N.Y. C.P.L.R. § 7503   Cited 2,045 times
    Barring parties from seeking a stay of arbitral proceedings where they "participated" in those proceedings
  12. Section 201 - Definitions

    N.Y. Civ. Serv. Law § 201   Cited 150 times
    Including any "public authority, commission, or public benefit corporation" in definition of "public employer"