City of Buffalo v. A.F.S.C.M.E. Council 35, Local 264

City of Buffalo v. A.F.S.C.M.E. Council 35, Local 264 (107 AD2d 1049), was a Fourth Department case involving the public sector. There a number of employees had retired during the term of a collective bargaining agreement providing for certain postretirement health care benefits. After the agreement expired, the city attempted to increase the retirees' portion of the cost of those benefits in alleged violation of the agreement. The unions sought arbitration after completion of the grievance procedure, and the city responded by applying for a judicial stay of arbitration. Said the Appellate Division: "The city contends that, since the retired individuals are not 'employees' within the terms of the collective bargaining agreements, the unions may not represent them in the instant dispute. The grievance procedure set forth in the collective bargaining agreements in question may be initiated to settle 'any grievance, controversy or dispute which may arise ... regarding the application, meaning, or interpretation of this agreement'. Such language indicates a broad arbitration clause rendering the issue of the union's relationship to retired employees a question for arbitration." ( Id. at 1049-1050 .)