4. A firefighter was accused of fraudulently claiming an injury while fighting a fire, the alleged motive being to enhance his retirement benefits. He was suspended without pay pending the outcome of the criminal investigation. He filed a grievance through his union, and when the issue of his suspension was not resolved to his satisfaction during the steps of the grievance procedure under the collectivebargaining agreement, the union demanded binding arbitration. The city went to court, asking that the arbitration be stayed pending the outcome of the criminal investigation. The city solicitor argued that the arbitration process would unduly interfere with the criminal investigation.

Should the court stay the arbitration? If the employee is eventually found innocent of criminal fraud, should this be dispositive of his grievance?

Or should he still be forced to arbitrate his claim?

See City of New York v. Uniformed Fire Officers Association [2000 WL 1529821 (N.Y. Ct. App.)].