Originally from Dispute Resolution Journal

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CITY EMPLOYEES — TIME LIMITATION FOR ARBITRATION — ARBITRATOR'S DETERMINATION — NEW YORK

Dispute concerning compliance by city employees with time limitation provision of collective bargaining agreement as to requesting arbitration of grievance was held to be procedural matter for the arbitrator to determine. In denying the city's motion to permanently stay the arbitration, the court referred to the presumption in labor arbitration that questions of substantive and procedural arbitrability are for the arbitrators. Said the court: "It is only where the parties have employed language which clearly rebuts the presumption of arbitrability, e.g. by stating that an issue either as to procedure or as to substance is not to be determined by arbitration, may that matter be determined by the courts." Although not at issue in the case, the court went on to state that voluntary arbitration of disputes in the public employment sector is within the purpose of the Taylor Law (Civil Service Law §§200-212) which was enacted to promote harmonious and cooperative relationships between the government and its employees.

City of Auburn V. Nash, 312 N.Y.S.2d 700 (App. Div. 4th Dept. 1970).