Thanks to a last-minute bill language tweak sought by police and firefighter unions, Governor Andrew Cuomo’s watered-down “reform” of New York’s compulsory arbitration law will not apply to a number of unsettled contracts that hadn’t even reached the arbitration stage before the law was extended just before the Legislature adjourned last month. Public Employment Relations Board (PERB) records now indicate that up to two dozen contract disputes may have been carved out of the new law (Ch. 67 of 2013), with the full impact ultimately depending on how many of these employers are considered fiscally distressed enough to otherwise qualify.

Cuomo has claimed that the arbitration change ”will improve the process and help municipalities continue to protect the public’s safety while balancing the interests of their taxpayers.” However, because the governor caved to union demands in the final week of the session, the full measure of those purported (and debatable) benefits won’t immediately flow to taxpayers in some of the state’s most distressed localities — including Suffolk County and the cities of Gloversville and Syracuse.

First enacted in 1974 and regularly extended ever since, the arbitration law has done much to drive up and lock in police and firefighter compensation costs across the state.  However, with the law set to expire June 30, Cuomo entered this year’s legislative session in a commanding position to insist on sweeping changes as his condition for keeping the law alive, assuming he’d agree to any extension.  Cuomo initially took a step in the right direction by proposing 2013-14 budget bill language that would have imposed a 2 percent cap on the total value of arbitration awards — establishing a link between a big local cost item and the new property tax cap. Something similar was done in New Jersey a few years ago.

But after the Legislature predictably balked at the arbitration cap, the governor spent the rest of the session seeking a deal that would do more to placate unions. He ultimately came up with one as part of his financial restructuring bill, which extends arbitration for three more years while requiring arbitrators to give heavier weight to a government employer’s government’s “ability to pay,” including the impact of the tax cap. It also would require arbitration panels to “recognize and take into account … the constraints, obligations and requirements imposed by” the state’s property tax cap.

As explained here last month, there are the two problems with this approach:

  1. There are no rules for systematically quantifying and defining “ability to pay.” Arbitration rulings have long been maddeningly inconsistent on this very point, and will no doubt continue to be.
  2. The tax cap itself can be overridden by a two-thirds vote of local county and municipal governing boards, and thus is not much of a constraint or obligation.

In addition, like the governor’s original proposal, the change is limited to local governments in fiscal trouble, as measured by tax levels or budgetary reserves.

The agreed-upon bill language posted on the governor’s website on the morning of June 18 affected all collectively bargained or arbitrated settlements that expired before April 1, except for disputes in which either party had formally petitioned for PERB arbitration by June 14. But hours after the original bill was released by the governor’s office, that paragraph was expanded with wording that also excludes from the law any dispute in which either party formally filed a declaration of impasse with PERB before June 14. Under the Taylor Law, impasse is the stage before arbitration.

Syracuse city officials quickly confirmed that the carve-out would affect that distressed city’s unresolved contract negotiations with the Syracuse Firefighters Association, which filed an impasse declaration with PERB on May 20.  It turns out that, in addition to Syracuse, PERB records indicate another 23 unions in other counties, cities and towns, as well as two large public authorities, had filed impasse declarations before the deadline. A complete list follows:


As shown above, most of the impasse declarations were filed by unions within a month of the arbitration law’s expiration–and two, involving detective investigators in Suffolk County and deputy sheriffs in Onondaga County, were filed on the last possible day to be exempted from the new laws.

Other unions protected by the carve-out include the PBA in the Village of Rockville Centre, home base of Senate Republican Leader Dean Skelos. Rockville Centre cops, among the best-paid in the state, scored a big win in their last arbitration just a few months ago.

If Rockville Centre is fiscally responsible enough to maintain even a modicum of budgetary reserves, it may not have been affected by the new arbitration language in any case.  The logic of the law is that you can’t catch an added break until, thanks to arbitration, you are actually broke.

About the Author

E.J. McMahon

Edmund J. McMahon is Empire Center's founder and a senior fellow.

Read more by E.J. McMahon

You may also like

Remembering the scandal that brought down Health Commissioner Howard Zucker

The resignation of Dr. Howard Zucker as state health commissioner marks the end of a term marred by scandal over his role in managing the coronavirus pandemic. The much-debated compelling nursing homes to admit COVID-positive patients, though it origi Read More

After 10 weeks, all but five of the Empire Center’s 63 requests for pandemic data remain unfulfilled

Over the 10 days that Hochul has been in office, there has been no further progress on the Empire Center's record requests. Read More

New York’s health benefits remain the second-costliest in the U.S.

New York's health benefit costs increased faster than the national average in 2020, leaving it with the second-least affordable coverage in the U.S. The state's average total cost f Read More

Another Hochul To-Do: Timely Financial Reporting

The state will spend a record $212 billion in the current 2022 Fiscal Year, under the budget its elected leaders adopted in April. Read More

Can Cuomo still be impeached?

Andrew Cuomo and Donald Trump have more in common than boyhood homes in Queens. Like Trump, Cuomo could still face impeachment and an impeachment trial despite a promise to resign as Governor later this month. Read More

The Gov’s pension

There are several (dozens? hundreds?) of unanswered questions as the fallout from Andrew Cuomo's resignation earlier today continues. Among those are questions related to his pension, some of which can be answered, sort of. Read More

The Health Department’s FOIL Responses Signal an Indefinite Wait for Pandemic Data

The quest for comprehensive data on New York's coronavirus pandemic hit a bureaucratic roadblock this week Read More

A Study of COVID-19 in Nursing Homes Raises Doubt About New York’s Minimum Staffing Law

A newly published study of COVID-19 in nursing homes links larger numbers of employees to higher rates of infection and death for residents – raising fresh doubts about New York's recently enacted "safe staffing" law. Read More


Sign up to receive updates about Empire Center research, news and events in your email.


Empire Center for Public Policy
30 South Pearl St.
Suite 1210
Albany, NY 12207

Phone: 518-434-3100

General Inquiries:

Press Inquiries:


The Empire Center is an independent, non-partisan, non-profit think tank located in Albany, New York. Our mission is to make New York a better place to live and work by promoting public policy reforms grounded in free-market principles, personal responsibility, and the ideals of effective and accountable government.

Empire Center Logo Enjoying our work? Sign up for email alerts on our latest news and research.
Together, we can make New York a better place to live and work!