From Casetext: Smarter Legal Research

Matter of Gadbow

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 6, 1979
69 A.D.2d 987 (N.Y. App. Div. 1979)

Opinion

April 6, 1979

Appeal from the Onondaga Supreme Court.

Present — Dillon, P.J., Cardamone, Simons, Doerr and Moule, JJ.


Order unanimously reversed, with costs, and motion denied. Memorandum: The July 1, 1975 to June 30, 1978 agreement between the Oriskany Teachers Association and the Oriskany Central School District provided that teacher aides would be "made available within budgetary allocation." The agreement also provided for arbitration of disputes concerning alleged violations of the agreement and "any dispute with respect to its meaning or application." The teachers association sought arbitration of the board's refusal to hire teacher aides for the 1977-1978 year, asserting that the district was bound by the agreement to hire such aides. The district sought to stay arbitration pursuant to CPLR 7503 (subd [b]) on the ground that, according to the terms of the agreement, it was not obligated to hire teacher aides if there was no budgetary allocation made for that purpose. In considering the threshold issue of whether under a public employment contract there is a valid agreement to arbitrate, it is first necessary to determine whether arbitration claims with respect to the particular subject matter are authorized by the terms of the Taylor Law or are against public policy (Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 N.Y.2d 509, 513-515; Matter of Susquehanna Val. Cent. School Dist. at Conklin [Susquehanna Val. Teachers' Assn.], 37 N.Y.2d 614). Here, the question to be submitted to the arbitrator concerns the interpretation of the phrase "are to be made available within budgetary allocation." The arbitrator's determination of that issue will not encroach upon any nondelegable responsibility of the plaintiff district (Matter of Port Washington Union Free School Dist. v. Port Washington Teachers Assn., 45 N.Y.2d 746; Matter of Board of Educ., v. Yonkers Federation of Teachers, 40 N.Y.2d 268; Syracuse Teachers Assn. v. Board of Educ., 42 A.D.2d 73, affd 35 N.Y.2d 743). Nor may it be said at this stage of the proceedings that any remedy fashioned by the arbitrator will violate public policy (see Matter of Port Washington Union Free School Dist. v. Port Washington Teachers Assn., 45 N.Y.2d 411). Therefore, the controversy is one which may be submitted to arbitration under the Taylor Law. The broad language of the arbitration clause, covering as it does alleged violations of the agreement and disputes with respect to its meaning or application is sufficiently express, direct and unequivocal to permit arbitration of the controversy (see Matter of South Colonie Cent. School Dist. v. Longo, 43 N.Y.2d 136). The parties agreed to commit issues of contract interpretation to arbitration.


Summaries of

Matter of Gadbow

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 6, 1979
69 A.D.2d 987 (N.Y. App. Div. 1979)
Case details for

Matter of Gadbow

Case Details

Full title:In the Matter of the Arbitration between KENNETH J. GADBOW, as Supervising…

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

Date published: Apr 6, 1979

Citations

69 A.D.2d 987 (N.Y. App. Div. 1979)