Interest arbitration held to contravene public policy insofar as a public entity's being bound to nonmandatory subjects of collective bargaining in negotiating a new agreement

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Interest arbitration held to contravene public policy insofar as a public entity's being bound to nonmandatory subjects of collective bargaining in negotiating a new agreement
Niagara Frontier Tr. Metro Sys., Inc. v Amalgamated Tr. Union Local Union 1342,2013 NY Slip Op 00622, Appellate Division, Fourth Department
Supreme Court denied Niagara Frontier Transit Metro System’spetition to stay arbitration in case that involved a labor dispute arising froma collective bargaining agreement [CBA] between the System, a public benefitcorporation that provides bus and light rail transit service, and theAmalgamated Transit Union Local Union 1342 (Local 1342), which represents aunit of System’s employees.
Local 1342 had demanded that the terms andconditions of a new CBA be determined by compulsory "interest arbitration." 
The Appellate Division reversed the lower court’s decisionand granted the System’s petition.
The Appellate Division explained that “even assuming, arguendo,that the [Collective Bargaining] Agreement entitles Local 1342 to interestarbitration over [the System’s] objection, we would conclude, as we did in ATU,* that such a result ‘contravenes public policy, bothby compelling a public entity, which has broad responsibilities to the entirepopulation of the State, to be bound forever to nonmandatory subjects ofbargaining, i.e., interest arbitration, and by encumbering its ability tonegotiate an entirely new collective bargaining agreement which reflects thechanging requirements and mandates of the public interest’"
* Matter of Local Union1342 of Amalgamated Tr. Union v Niagara Frontier Tr. Metro Sys, 183 AD2d355, leave to appeal denied, 81 NY2d 710.
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2013/2013_00622.htm