Opinion
July 15, 1985
Appeal from the Supreme Court, Nassau County (Roncallo, J.).
Order reversed, with costs, and motion denied.
After pursuing a grievance through the first three levels of the grievance machinery provided by their collective bargaining agreement with defendant, plaintiffs proceeded to the last step, which provided for advisory arbitration. Defendant rejected the arbitrator's recommendation, whereupon plaintiffs brought this action, inter alia, to recover damages for breach of the collective bargaining agreement.
Defendant's contention that the grievance procedure is plaintiffs' sole remedy is without merit in the absence of clear language in the collective bargaining agreement which would bar them from maintaining this action ( Matter of Riverdale Fabrics Corp. [ Tillinghast-Stiles Co.], 306 N.Y. 288, 289; Nassau Ch. of Civ. Serv. Employees Assn. v. County of Nassau, 84 A.D.2d 784). Hence, Special Term erred in granting defendant's motion to dismiss the amended complaint on the ground of "arbitration and award". Lazer, J.P., Gibbons, Thompson and Kunzeman, JJ., concur.