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In the Matter of City of Yonkers, Respondent,v.Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, Appellant.

Brief

41 Cited authorities

  1. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,542 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 3,857 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 1,025 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 828 times   12 Legal Analyses
    Holding that state law regulating intrastate price of natural gas did not substantially impair private party's contract rights because industry was heavily regulated and company had no reasonable expectation of receiving windfall from deregulated prices

  5. General Motors Corp. v. Romein

    503 U.S. 181 (1992)   Cited 545 times   4 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 181 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 117 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 75 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. Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations Board

    2006 N.Y. Slip Op. 2288 (N.Y. 2006)   Cited 62 times
    Noting that "the application of the Taylor Law to particular facts [is] an area in which PERB is entitled to deference"

  10. In the Matter of Johnstown

    99 N.Y.2d 273 (N.Y. 2002)   Cited 62 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 10 - Powers Denied to the States

    U.S. Const. art. I, § 10   Cited 4,837 times   5 Legal Analyses
    Prohibiting specific acts by the States

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

    N.Y. CPLR 7503   Cited 2,249 times
    Barring parties from seeking a stay of arbitral proceedings where they "participated" in those proceedings

  13. Section 201 - Definitions

    N.Y. Civ. Serv. Law § 201   Cited 177 times
    Including any "public authority, commission, or public benefit corporation" in definition of "public employer"

  14. Section 22 - Members' contributions and their use; annuity reserve fund

    N.Y. Retire. & Soc. Sec. Law § 22   Cited 6 times

    a. The annuity reserve fund shall be the fund from which shall be paid all annuities and all benefits in lieu of annuities, payable pursuant to this article. b. Upon retirement, a member's accumulated contributions shall be transferred from the annuity savings fund to the annuity reserve fund. They shall then be used to provide an annuity, the amount of which shall be the actuarial equivalent of such accumulated contributions on the basis of regular interest and the tables adopted by the comptroller