Opinion
June 18, 1992
Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).
The initial determination to be made by the IAS court is whether the matter sought to be arbitrated falls within the terms of the parties' collective bargaining agreement. (Sisters of St. John the Baptist v. Geraghty Constructor, 67 N.Y.2d 997, 998; Board of Educ. v. Barni, 49 N.Y.2d 311, 314-315; Matter of Venture Servs. Corp. v. Bevona, 169 A.D.2d 676, lv denied 78 N.Y.2d 857. )
In this case, while modifications as to "rules, orders and conditions" automatically become part of the collective bargaining agreement pursuant to Articles XI and XX, the instant matter sought to be arbitrated does not fall within such categories. In addition, paragraph 16 of the May 2, 1989 Amendment to the parties' collective bargaining agreement specifically contemplates that the "Quality of Work Life Program", which later was termed a "Workplace Improvement Program", was to be developed by the Labor-Management Committee, and, pursuant to Article XIX, Section 2 of the collective bargaining agreement, which was continued in full force and effect, the Labor-Management Committee does not consider matters subject to the grievance procedure. Accordingly, to the extent that the consultant was to work in conjunction with this proposed project, a finding of arbitrability would be contrary to the express terms of the parties' agreement. Nor can respondent point to anything more than an agreement to agree with respect to the concept of sharing the gains contemplated from petitioner's decentralization plan. Absent a clear agreement to arbitrate such matters, a stay was proper (see, County of Rockland v. Rockland County Unit of Rockland Community Coll. Fedn. of Teachers, 125 A.D.2d 531; Matter of Stigwood Org. [Atlantic Recording Corp.], 83 A.D.2d 123, 126; Matter of Board of Educ. v. West Babylon Teachers Assn., 60 A.D.2d 577).
Concur — Sullivan, J.P., Carro, Wallach, Kassal and Rubin, JJ.