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Matter of Bd. of Educ. v. Greenburgh No. 11

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 518 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

Appeal from the Supreme Court, Westchester County (Colabella, J.).


Ordered that the order is affirmed, with costs.

The petitioner's assertion that the discharge of its employee pursuant to Civil Service Law § 71 cannot be the subject of arbitration because of important public policy considerations is without merit. That section of the Civil Service Law does not mandate the discharge of an employee nor does it specify the procedural steps to be taken to effectuate discharge. While it is true that substantive rights cannot be the subject of collective bargaining arbitration (see, e.g., Matter of Riverhead Cent. School Dist. v. Riverhead Cent. Faculty Assn., 140 A.D.2d 526), it is also true that procedural rights can be arbitrated (see, Matter of Board of Educ. v. Yonkers Fedn. of Teachers, 129 A.D.2d 702, 703). The grievance at issue herein is procedural in nature.

The arbitration clause of the collective bargaining agreement does encompass this type of dispute. The "fact that the full scope of the relief requested by the union might, if granted by the arbitrator, lead to an award which would be subject to vacatur for public policy reasons does not mandate a stay of arbitration" (Matter of Board of Educ. v. West Babylon Teachers Assn., 72 A.D.2d 766, 767-768, affd 52 N.Y.2d 1002). Brown, J.P., Kooper, Harwood and Miller, JJ., concur.


Summaries of

Matter of Bd. of Educ. v. Greenburgh No. 11

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 518 (N.Y. App. Div. 1991)
Case details for

Matter of Bd. of Educ. v. Greenburgh No. 11

Case Details

Full title:In the Matter of BOARD OF EDUCATION OF THE GREENBURGH No. 11 UNION FREE…

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 518 (N.Y. App. Div. 1991)