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November 28, 2011

Court voids arbitrator’s award


Court voids arbitrator’s award
Uniformed Firefighters Association v. City of New York, 76 A.D.2d 392, Motion for leave to appeal denied, 52 N.Y.2d 702

The City of New York filed an petition pursuant to Article 75 of the Civil Practice Law and Rules seeking to vacate an arbitrator’s award that held that the City could not implement its plan to use civilian workers in fire prevention inspector titles.

The court held that the City had the authority and responsibility to allocate its financial resources in a manner it felt most appropriate to prevent fires.

The Appellate Division also observed that “the decision to utilize civilians rather the uniformed firefighters to perform inspection functions is consonant...with the City’s agreement with the Uniformed Firefighters Association and proper”.

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