In re the Arbitration between Town of Saugerties & Town of Saugerties Policeman's Benevolent Ass'n
Opinion of the Court
Courts determine arbitrability according to a two-prong test— whether the parties may arbitrate the dispute and, if so,
The CBA incorporates McKinney’s Unconsolidated Laws of NY § 971 (as added by L 1911, ch 360, § 1, as amended) by reference, making the language of the statute a substantive provision of the CBA, and petitioners have not identified any public policy that would preclude the arbitrator from interpreting such language (see e.g. Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d 273, 278-279 [2002]). Petitioners’ reliance on Matter of Barnes (Council 82, AFSCME) (235 AD2d 695 [1997]) is misplaced as that decision in no way suggests that public policy prohibits interpretation of the language of a statute that has been incorporated by reference into the terms and conditions of a CBA.
As for the second prong, the broad arbitration clause here provides that any unresolved disputes that have gone through the grievance process may be submitted to arbitration. Disputes are defined as “[a]ny grievance arising concerning the interpretation or application of the terms of this contract or the rights claimed thereunder and/or working conditions.” Here, the dispute concerns overtime, which is clearly a working condition (see Spring Valley PBA v Village of Spring Val., 80 AD2d 910, 910-911 [1981]). Moreover, it involves the application of the terms of the CBA. Thus, it is clearly one that the parties intended to arbitrate (see Matter of City of Johnstown [Johnstown Police Benevolent Assn.], 99 NY2d at 279-280; Matter of City of Elmira [Elmira Professional Firefighters’ Assn., AFL-CIO, I.A.F.F.-Local 709], 34 AD3d 1075, 1076 [2006]; Matter of City of Plattsburgh [Plattsburgh Police Officers Union AFSCME Local 82], 250 AD2d 327, 329 [1998], lv denied 93 NY2d 807 [1999]). Accordingly, Supreme Court correctly granted respondent’s cross motion to compel arbitration and dismissed the petition.
Peters, J.P, Garry and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.