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Matter of Bd. of Educ. v. Cold Spring Harbor

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 519 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

Appeal from the Supreme Court, Suffolk County (Gerard, J.).


Ordered that the order is affirmed, with costs.

The petitioner and the respondent are parties to a collective bargaining agreement. Article XIII of that agreement, governing rates of pay, provides that all "new hirees" were to be placed on step 2 of that salary schedule. It is undisputed that the petitioner placed two newly hired teacher aides on step 3 of the salary schedule. The respondent filed a grievance challenging that placement of the newly hired teacher aides as a violation of the collective bargaining agreement. When the grievance could not be resolved, the respondent served a demand for arbitration upon the petitioner. The petitioner then commenced this proceeding to stay the arbitration. The Supreme Court denied the petitioner's application, and we affirm.

The collective bargaining agreement in this case clearly provides that recourse to arbitration is available to members of the respondent for any violation of its express provisions. Since it is undisputed that the petitioner has violated article XIII of the collective bargaining agreement, the respondent is entitled to arbitration (see, Matter of Franklin Cent. School [Franklin Teachers Assn.], 51 N.Y.2d 348). The respondent is an interested party, since one of its legitimate concerns is that all newly hired teacher aides are paid equally. Mangano, P.J., Lawrence, Rosenblatt and Miller, JJ., concur.


Summaries of

Matter of Bd. of Educ. v. Cold Spring Harbor

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 519 (N.Y. App. Div. 1991)
Case details for

Matter of Bd. of Educ. v. Cold Spring Harbor

Case Details

Full title:In the Matter of BOARD OF EDUCATION OF THE COLD SPRING HARBOR CENTRAL…

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 519 (N.Y. App. Div. 1991)
568 N.Y.S.2d 122