Opinion
May 6, 1997
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
Since petitioner's position is that only an individually aggrieved employee may initiate a grievance-procedure, a condition precedent to entry into the arbitration process is at issue, and it is an issue for the court to resolve ( see, Matter of Cassone, 63 N.Y.2d 756, 759; Matter of Lassiter v. CNA Ins. Co., 195 A.D.2d 362, 363). The court correctly determined that the collective bargaining agreement, construed as a whole ( see, County of Westchester v. Mahoney, 56 N.Y.2d 756), does not reflect that appellant union has any right to initiate a grievance procedure in its own name. The record establishes that petitioner did not impede satisfaction of the condition precedent ( see, Young v Whitney, 111 A.D.2d 1013, 1014). We have considered appellant's remaining arguments and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Rosenberger and Wallach, JJ.