Until recently, the landmark 1977 Liverpool decision had cast a lasting shadow over public sector labor arbitration in the state of New York. In Liverpool, the New York Court of Appeals established a two-step procedure for determining arbitrability of public sector disputes. The effect was what author Richard Gaba calls a "vise-like" judicial grip on public sector arbitration. In this article, Gaba discusses the implications of the recent Watertown and Indian River decisions, which effectively ease judicial scrutiny of the issue of arbitrability, and also includes a comprehensive look at previous decisions.
Parties seeking arbitration of public sector labor disputes are elated …