New York Court of Appeals, 1978

In re the Arbitration Between Triborough Bridge & Tunnel Authority & District Council 37 of the American Federation of State

New York Court of Appeals · Decided July 6, 1978 · Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur in Memorandum

44 N.Y.2d 967; 44 N.Y. 967; 380 N.E.2d 160; 408 N.Y.S.2d 328; 1978 N.Y. LEXIS 2156

Cases that cite this one

8 later published cases cite this decision.

Matter of Village of Manlius (Town of Manlius Professional Firefighters Assn., Iaff Local 3316) (Appellate Division of the Supreme Court of New York 2020)
Matter of City of Yonkers v. Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO (Appellate Division of the Supreme Court of New York 2017)
Matter of Incorporated Vil. of Floral Park v. Floral Park Police Benevolent Assn. (Appellate Division of the Supreme Court of New York 2015)
Policemen's Benevolent Ass'n v. Rosenthal (Appellate Division of the Supreme Court of New York 1994)
In re the Arbitration Between Enlarged City School District & Troy Teachers Ass'n (N.Y. 1987)
In re the Arbitration between the County of Rockland & Primiano Construction Co. (N.Y. 1980)
In re the Arbitration between Dobbs Ferry Union Free School District & Dobbs Ferry United Teachers (Appellate Division of the Supreme Court of New York 1980)
In re the Arbitration between Fredette (Appellate Division of the Supreme Court of New York 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

*969 The question of whether the procedural requirements of the collective bargaining agreement for seeking arbitration were followed is for the arbitrator to resolve. (Matter of City School Dist. of City of Poughkeepsie [Poughkeepsie Public School Teachers Assn.], 35 NY2d 599, 607). This principle applies regardless of whether the grievant took any action on the grievance prior to the expiration of the agreement where, as here, the grievance arose prior to the expiration of the agreement.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.