From Casetext: Smarter Legal Research

Matter of Marinelli

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 750 (N.Y. App. Div. 2000)

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).


Summaries of

Matter of Marinelli

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 750 (N.Y. App. Div. 2000)
Case details for

Matter of Marinelli

Case Details

Full title:MATTER OF THE ARBITRATION BETWEEN JOSEPH J. MARINELLI, AS DISTRICT…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 16, 2000

Citations

269 A.D.2d 750 (N.Y. App. Div. 2000)
703 N.Y.S.2d 625

Citing Cases

In re Board of Education of City of Buffalo

As none of the other cited provisions of the CBA relate to continuing employment of temporary teachers or…

BD OF EDUC. v. TEACHERS FEDN.

A claim for unemployment insurance benefits can hardly be characterized as a professional advantage. As none…