City of Watertown v. Watertown Firefighters, Local 191
Cases that cite this one
10 later published cases cite this decision.
- ORLEANS COMMUNITY HEALTH, MTR. OF (Appellate Division of the Supreme Court of New York 2013)
- Orleans Community Health v. Germain (Appellate Division of the Supreme Court of New York 2013)
- Orleans Community Health v. Germain (Appellate Division of the Supreme Court of New York 2013)
- Matter of Lewis County (CSEA Local 1000, AFSCME, AFL-CIO, Lewis County Sheriff's Empls. Unit 7250-03, Lewis County Local 825) (Appellate Division of the Supreme Court of New York 2017)
- COUNTY OF HERKIMER, MTR. OF (Appellate Division of the Supreme Court of New York 2015)
- In re the Arbitration between County of Herkimer & Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 2015)
- In re the Arbitration between County of Herkimer & Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 2015)
- Niagara Frontier Transportation Authority v. Niagara Frontier Transportation Authority Superior Officers Ass'n (Appellate Division of the Supreme Court of New York 2010)
- In re the Arbitrition between Town of Cheektowaga & Cheektowaga Police Club, Inc. (Appellate Division of the Supreme Court of New York 2009)
- 1210 Colvin Avenue, Inc. v. Tops Markets, LLC (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered June 6, 2003. The order denied the petition to stay arbitration and granted the cross petition to compel arbitration.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Petitioner, City of Watertown (City), commenced this proceeding to stay arbitration (see CPLR 7503 [b]) and respondent, Watertown Firefighters, Local 191 (Union), cross-petitioned to compel arbitration (see 7503 [a]). We conclude that Supreme Court properly denied the City’s petition and granted the Union’s cross petition. “A grievance may be submitted to arbitration only where the parties agree to arbitrate that kind of dispute, and where it is lawful for them to do so” (Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273, 278 [2002]; see Matter of Board of Educ. of Watertown City School Dist. [Watertown Educ. Assn.], 93 NY2d 132, 143 [1999]). Because neither party challenges the lawfulness of arbitrating the instant dispute, we focus only on whether the parties agreed to arbitrate the Union’s claim. “On motions to stay or to compel arbitration there are three threshold questions to be resolved by the courts: whether the parties made a valid agreement to arbitrate, whether if such an agreement was made it has been complied with, and whether the claim sought to be arbitrated would be barred by hmitation of time had it been asserted in a court of the State” (Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1, 6-7 [1980]). Because neither party contends that the claim is untimely, we limit our review to whether there is a valid agreement to arbitrate and, if so, whether there has been compliance with that agreement.
The Union asserts that it seeks to arbitrate alleged violations of the procedures of the Agreement, while the City contends that the Union is really seeking to arbitrate the merits of the City’s denial of benefits to a union member. The Union’s allegations, as outlined in the cross petition, are that the City failed to follow the procedures for handling claims as set forth in the Agreement. We conclude that those allegations may raise issues concerning procedural violations that may fall within the scope of the Agreement. In such a situation, it is for the arbitrator to determine whether the subject matter of the dispute falls within the scope of the arbitration provisions of the Agreement (see Board of Educ. of Watertown City School Dish, 93 NY2d at 143; Matter of Owen D. Young Cent. School Dist. [Morris], 278 AD2d 940 [2000]). We further conclude that it is also for the arbitrator to determine whether the City complied with the procedural requirements of the Agreement. Present—Pigott, Jr, P.J., Pine, Wisner, Scudder and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.