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New York Court of Appeals, 1978

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

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

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.

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

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