New York Court of Appeals, 1979

Matter of Bd. of Educ. of the Roosevelt Union Free Sch. Dist. v. Roosevelt Teachers Ass'n

New York Court of Appeals · Decided April 26, 1979 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur

47 N.Y.2d 748; 390 N.E.2d 1176; 417 N.Y.S.2d 252; 1979 N.Y. LEXIS 2018; 101 L.R.R.M. (BNA) 2349

Cases that cite this one

7 later published cases cite this decision.

In re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'n (N.Y. 1999)
Board of Education v. Glaubman (N.Y. 1981)
In re the Arbitration between Inc. Village of Malverne & Malverne Police Benevolent Ass'n (New York Supreme Court 1981)
Board of Education v. Barni (N.Y. 1980)
In the Arbitration between Franklin Central School & Franklin Teachers Ass'n (N.Y. 1980)
In re the Arbitration between Red Hook Central School District & Red Hook Faculty Ass'n (Appellate Division of the Supreme Court of New York 1979)
Superintendent of Schools of Liverpool Central School District v. United Liverpool Faculty Ass'n (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 reversed and the judgment of the Supreme Court denying the application to stay arbitration reinstated. The board’s failure to advance a Serious argument under the Taylor Law (Civil Service Law, art 14) and the grant to the arbitrator of the "authority to decide whether the provisions of this Agreement have been complied with” mandate the conclusion that the arbitrator had jurisdiction to resolve the union’s claim that the so-called "per diem” teachers were "substitute teachers” within the terms of the agreement (see Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 NY2d 509, 513; Matter of South Colonie Cent. School Dist. v Longo, 43 NY2d 136; see, also, Board of Educ. v New Paltz United Teachers, 44 NY2d 890).

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

Order reversed, with costs, and the judgment of Supreme Court, Nassau County, reinstated in a memorandum.

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