Opinion
Argued October 20, 1983
Decided November 3, 1983
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, IRVING RADER, J.
K. Jane Fankhanel, Douglas P. Catalano and Judith B. Yaeger for appellant.
Ronald H. Shechtman and Richard M. Betheil for respondent.
MEMORANDUM.
The order should be affirmed, with costs, for the reasons stated in the memorandum decision of the Appellate Division ( 91 A.D.2d 686). We also note that appellant's contention that the arbitrator's decision violates section 193 of the Labor Law is without merit. Although petitioner's demand for arbitration sought "proper payment" of penalties by all full-time faculty as a remedy, the award of the arbitrator did not grant any remedy or direct respondent to proceed against nonstriking teachers. It stated only that "the grievance is granted." Inasmuch as petitioner failed to object to this omission, it is held to have waived it. Accordingly, the award is limited to a declaration interpreting the terms of the agreement and does not permit monetary consequences in this or any future action.
Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur; Judge WACHTLER taking no part.
Order affirmed, with costs, in a memorandum.