In Re the Arbitration Between Triborough Bridge & Tunnel Authority & District Council 37 of the American Federation of State
New York Court of Appeals
In Re the Arbitration Between Triborough Bridge & Tunnel Authority & District Council 37 of the American Federation of State, 44 N.Y.2d 967 (N.Y. 1978)
44 N.Y. 967; 380 N.E.2d 160; 408 N.Y.S.2d 328; 1978 N.Y. LEXIS 2156
Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur in Memorandum
In Re the Arbitration Between Triborough Bridge & Tunnel Authority & District Council 37 of the American Federation of State
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.
Reference
- Full Case Name
- In the Matter of the Arbitration Between Triborough Bridge and Tunnel Authority, Appellant, and District Council 37 of the American Federation of State, County and Municipal Employees, AFL-CIO, Et Al., Respondents
- Cited By
- 8 cases
- Status
- Published