Appellate Division of the Supreme Court of New York, 1983

Town of Lee v. Local 1088G AFSCME Council 66

Town of Lee v. Local 1088G AFSCME Council 66
Appellate Division of the Supreme Court of New York · Decided July 11, 1983
96 A.D.2d 733; 465 N.Y.S.2d 344; 1983 N.Y. App. Div. LEXIS 19315
Town of Lee v. Local 1088G AFSCME Council 66

Opinion of the Court

— Order unanimously reversed, with costs, and motion denied. Memorandum: Whether there has been compliance with steps one and two of the grievance procedure contained in the parties’ collective bargaining agreement is a question properly to be determined by the arbitrator. “Issues concerning compliance with contractual step-by-step grievance procedures must be resolved by the arbitrator, not the courts” (Matter of Dobbs Ferry Union Free School Dist. [Dobbs Ferry United Teachers], 74 AD2d 924, affd 53 NY2d 1040; see, also, Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1). (Appeal from order of Supreme Court, Oneida County, Murphy, J. — arbitration.) Present — Hancock, Jr., J. P., Doerr, Denman, Green and Moule, JJ.

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