December 31, 2010

Compulsory arbitration demand

Compulsory arbitration demand
Matter of City of Poughkeepsie, 33 PERB 3029

In the course of collective bargaining the Poughkeepsie Professional Firefighters Association demanded de novo binding arbitration pursuant to PERB’s Voluntary Dispute Resolution Procedure [VDR] to resolve disagreements involving the granting and terminating benefits provided by the City of Poughkeepsie pursuant to Section 207-a of the General Municipal Law.

PERB said that demanding that the matter be submitted to VDR for such a de novo review was fatal to its being found to be a mandatory subject of collective bargaining.

PERB pointed to its ruling in the Watertown case [30 PERB 3072] in which it said that a collective bargaining demand seeking arbitration as an alternative to bring an Article 78 action to determining Section 207-a disputes was a mandatory subject of collective negotiations.

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