Opinion
November 7, 1984
Appeal from the Supreme Court, Monroe County, Finnerty, J.
Present — Hancock, Jr., J.P., Callahan, Doerr, Denman and Moule, JJ.
Order unanimously reversed, on the law, with costs, and respondent's cross motion granted. Memorandum: Arbitration of the instant dispute does not contravene public policy ( Matter of Dutchess County Ch., Civ. Serv. Employees Assn. [ Dutchess County], 54 N.Y.2d 738), nor is the dispute outside the arbitration agreement. The parties agreed to arbitrate any "dispute concerning the meaning or application of a provision of this Agreement". Whether the collective bargaining agreement prohibits the employer from assigning out-of-title work and, if so, whether the arbitrator or the Civil Service Commission has the responsibility for deciding if an assigned task was out of title are substantive questions for the arbitrator (cf. Matter of County of Albany v AFSCME, 88 A.D.2d 1053). Arbitration was, therefore, improperly stayed ( Matter of Franklin Cent. School [ Franklin Teachers Assn.], 51 N.Y.2d 348; Board of Educ. v Barni, 49 N.Y.2d 311, 314-315; Matter of Wyandanch Union Free School Dist. v Wyandanch Teachers Assn., 48 N.Y.2d 669).