In re the Arbitration between City of Buffalo & Local 264

Appellate Division of the Supreme Court of New York

In re the Arbitration between City of Buffalo & Local 264

77 A.D.2d 789, 430 N.Y.S.2d 562, 1980 N.Y. App. Div. LEXIS 12539

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 10, 1980

StatusPublished

Cited by1 cases

This text of 77 A.D.2d 789 (In re the Arbitration between City of Buffalo & Local 264) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Arbitration between City of Buffalo & Local 264, 77 A.D.2d 789, 430 N.Y.S.2d 562, 1980 N.Y. App. Div. LEXIS 12539 (N.Y. Ct. App. 1980).

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Opinion

Order unanimously affirmed, with costs. Memorandum: See Matter of Port Washington Union Free School Dist. v Port Washington Teachers Assn. (45 NY2d 411, 418). In affirming, we note that the orders appealed from did not rule on and we do not' reach some questions argued on this appeal, viz., whether full-time detached duty for union activities with full pay from the city is permitted under the three collective bargaining agreements and whether, if such duty is found to be permitted under the ^agreements, it would contravene section 1 of article VIII of the New York Constitution. We observe also that the action of the Buffalo City Council in adopting Resolution No. 217 (Oct. 3, 1978), tendered by respondents as creating a binding collective bargaining agreement or modifying the existing agreements, can have no such effect because of the lack of compliance with the Taylor Law (Civil Service Law, §201, subd 12). (Appeal from order of Erie Supreme Court—arbitration.) Present—Dillon, P. J., Cardamone, Hancock, Jr., Callahan and Witmer, JJ.

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Order unanimously affirmed, with costs. Memorandum: See Matter of Port Washington Union Free School Dist. v Port Washington Teachers Assn. (45 NY2d 411, 418). In affirming, we note that the orders appealed from did not rule on and we do not' reach some questions argued on this appeal, viz., whether full-time detached duty for union activities with full pay from the city is permitted under the three collective bargaining agreements and whether, if such duty is found to be permitted under the ^agreements, it would contravene section 1 of article VIII of the New York Constitution. We observe also that the action of the Buffalo City Council in adopting Resolution No. 217 (Oct. 3, 1978), tendered by respondents as creating a binding collective bargaining agreement or modifying the existing agreements, can have no such effect because of the lack of compliance with the Taylor Law (Civil Service Law, §201, subd 12). (Appeal from order of Erie Supreme Court—arbitration.) Present—Dillon, P. J., Cardamone, Hancock, Jr., Callahan and Witmer, JJ.

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77 A.D.2d 789, 430 N.Y.S.2d 562, 1980 N.Y. App. Div. LEXIS 12539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-city-of-buffalo-local-264-nyappdiv-1980.

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