Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Saturday, October 31, 2009

Plenary Action For Breach of CBA

Nowadays most collective bargaining agreements have arbitration clauses and most disputes are arbitrated. However, some contracts do not have binding arbitration or the arbitration clause specifically excludes a certain subject from arbitration. These cases arise more frequently in the public sector than in the private sector. West Chester County Correction Officers v. Westchester, ___A.D.3d___(2d Dept. Sept. 22, 2009), is an example from a case that arose in the public sector where retirement benefits were excluded from arbitration. The case also involves other procedural issues.

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2009/11/plenary-action-for-breach-of-cba.html

Arbitration Law, Public Sector Labor Law | Permalink

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