Opinion
December 12, 1994
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed, with costs.
Questions of compliance with step-by-step grievance procedures in a collective bargaining agreement, prior to formal and final binding arbitration, are questions of procedural arbitrability to be resolved by the arbitrator (see, Matter of Enlarged City School Dist. [Troy Teachers Assn.], 69 N.Y.2d 905, 907; Matter of Policemen's Benevolent Assn. v Rosenthal, 207 A.D.2d 492). Specifically, the issue of whether a party has complied with the time provisions relating to a step-by-step grievance procedure are for the arbitrator in the absence of a very narrow arbitration clause or an express provision making compliance with such time constraints a condition precedent to arbitration (see, Matter of Enlarged City School Dist. [Troy Teachers Assn.], supra; Matter of Policemen's Benevolent Assn. v Rosenthal, supra). Contrary to the petitioner's contention, this rule has no application herein because the parties failed to make compliance with the time constraints contained in their collective bargaining agreement a condition precedent to arbitration "by explicit provision of their agreement" (Matter of County of Rockland [Primiano Constr. Corp.], 51 N.Y.2d 1, 9). Accordingly, the Supreme Court properly denied the application to permanently stay arbitration pursuant to CPLR 7503 (b). Bracken, J.P., Copertino, Pizzuto and Hart, JJ., concur.