Opinion
Argued November 14, 1980
Decided November 25, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEON D. LAZER, J.
Jeffrey S. Karp, James R. Sandner and Donald Congress for appellants.
Oscar J. Bloom for respondent.
MEMORANDUM.
The order of the Appellate Division should be reversed, with costs, and the judgment of Special Term denying a stay of arbitration should be reinstated.
The arbitration provisions of the parties' contract broadly and unambiguously embraced all claimed violations of the contract. The ambiguity, if any, in the provisions alleged to have been violated is, therefore, a matter for the arbitrator to resolve. (Matter of Wyandanch Union Free School Dist. v Wyandanch Teachers Assn., 48 N.Y.2d 669, 671.)
In addition, allowing arbitration of this grievance would violate no public policy. Although a board of education may not bargain away its authority to grant or deny tenure, it may limit its right to terminate a probationary teacher during the probationary period. (Board of Educ. v Barni, 49 N.Y.2d 311; Matter of Candor Cent. School Dist. [ Candor Teachers Assn.], 42 N.Y.2d 266.)
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order reversed, with costs, and the judgment of Supreme Court, Suffolk County, reinstated in a memorandum.