Summary
In Matter of Board of Educ. v West Babylon Teachers Assn. (52 N.Y.2d 1002, 1003), the Court of Appeals stated that "[i]n public sector labor arbitration, a stay is only proper where the disputed issue falls outside the contract's arbitration provisions or where arbitration would violate public policy".
Summary of this case from Board of Educ. v. Elwood Tchrs. AllianceOpinion
Argued January 7, 1981
Decided February 19, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES R. THOM, J.
Arthur C. Briggs, III, for appellant.
Jacob S. Feldman, James R. Sandner and David N. Stein for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The arbitration provisions of the parties' collective bargaining agreement are sufficiently broad and unambiguous to encompass the instant grievances. In addition, such arbitration would violate no strong public policy of this State. In public sector labor arbitration, a stay is proper only where the disputed issue falls outside the contract's arbitration provisions or where arbitration would violate public policy. It is for the arbitrator to interpret the substantive provisions of the contract (Board of Educ. v Barni, 49 N.Y.2d 311; Matter of Wyandanch Union Free School Dist. v Wyandanch Teachers Assn., 48 N.Y.2d 669). The arbitration here, therefore, should not have been stayed.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.