Fourth Department – Arbitration: Matter of City of Lockport

Listen to this article

Appellate Division, Fourth Department

Arbitration

Public Policy – Agency’s Authority

Matter of City of Lockport

CA 15-00626

Appealed from Supreme Court, Niagara County

Background: The petitioner and respondent are parties to a collective bargaining agreement that defines grievance as including all claimed violations of any contract existing between the petitioner and the employees covered by the CBA. The petitioner’s civil service commission created a new position within the Lockport Fire Department. The parties negotiated the terms and conditions of employment, however, respondent filed a grievance and a demand for arbitration following the commission’s amendment of the job specifications for fire chief to make the new position eligible for promotion to fire chief. The respondent appealed from the grant of the petitioner’s motion to stay arbitration.

Ruling: The Appellate Division reversed. The court held that enforcing the terms of the agreement would not violate public policy as it will not interfere with the commission’s authority to establish qualifications for the position of fire chief.

Andrea L. Sammarco of the Sammarco Law firm for the respondent-appellant; Brian S. Kremer of Goldberger and Kremer for the petitioner-respondent