A party filing a motion seeking a permanent stay of a demand for arbitration must satisfy a "two-part test" to prevail

Posted on June 17, 2018 by lawhukukinet

A party filing a motion seeking a permanent stay of a demand for arbitration must satisfy a "two-part test" to prevailVillage of Garden City v Professional Firefighters Assn. of Nassau County, Local 1588, 2018 NY Slip Op 03688, Appellate Division, Second Department This proceeding involved a dispute between Village of Garden City [Village],  and the Professional Firefighters Association of Nassau County, Local 1588 [PFA] concerning  Village's implementation of a staffing protocol that was formulated to ensure compliance with a prior arbitration award that was earlier confirmed by this court.* The arbitrator in the earlier arbitration had found that the Village violated the parties' collective bargaining agreement [CBA] by assigning the operation of first-line equipment to volunteer firefighters rather than to paid firefighters represented by PFA.  PFA filed a grievance contending that the new protocol continued to improperly assign the…

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