Opinion
February 16, 2000
Appeal from Order and Judgment of Supreme Court, Wayne County, Sirkin, J. — Arbitration.
PRESENT: GREEN, A. P. J., HAYES, WISNER AND BALIO, JJ.
Order and judgment unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied the application seeking a stay of and granted the cross application to compel. The collective bargaining agreement defines an grievance as "a claim by any member of the bargaining based on a violation of any of the specific and express of this Agreement." Respondent Wayne-Finger Lakes Educators' Association submitted a grievance concerning petitioners' scheduling of a work day prior to Labor Day in violation of an express provision in the collective bargaining agreement. We conclude that the parties agreed "`by the terms of their particular arbitration clause to refer their differences in this specific area to arbitration'" ( Matter of Board of Educ. [Watertown Educ. Assn.], 93 N.Y.2d 132, 138, quoting Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 N.Y.2d 509, 513).