New York Court of Appeals, 1980

BD. OF EDUC., MT. SINAI UNION FREE SCH. DIST. v. New York State United Teachers

New York Court of Appeals · Decided November 25, 1980 · Cooke, Jasen, Gabrielli, Jones, Wachtler, Fuchsberg, Meyer

51 N.Y.2d 994; 417 N.E.2d 89; 435 N.Y.S.2d 977; 1980 N.Y. LEXIS 2789

Cases that cite this one

8 later published cases cite this decision.

Matter of Woods v. State University of New York (Appellate Division of the Supreme Court of New York 2016)
County of Cattaraugus v. Nuss (New York Supreme Court 2008)
In re the Arbitration between Vestal Central School District & Vestal Teachers Ass'n (Appellate Division of the Supreme Court of New York 2003)
South Country Central School District v. Bellport Teachers Ass'n (Appellate Division of the Supreme Court of New York 1992)
Buffalo Police Benevolent Ass'n v. City of Buffalo (New York Supreme Court 1982)
In re the Arbitration between Board of Education of the Brittonkill Central School District & Brittonkill Teachers Ass'n (Appellate Division of the Supreme Court of New York 1981)
Board of Education v. Yonkers Federation of Teachers (Appellate Division of the Supreme Court of New York 1981)
Board of Education v. Cattaraugus Teacher's Ass'n (Appellate Division of the Supreme Court of New York 1981)

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, with costs, and the judgment of Special Term denying a stay of arbitration should be reinstated.

The arbitration provisions of the parties’ contract broadly and unambiguously embraced all claimed violations of the contract. The ambiguity, if any, in the provisions alleged to have been violated is, therefore, a matter for the arbitrator to resolve. (Matter of Wyandanch Union Free School Dist. v Wyandanch Teachers Assn., 48 NY2d 669, 671.)

In addition, allowing arbitration of this grievance would violate no public policy. Although a board of education may not bargain away its authority to grant or deny tenure, it may limit its right to terminate a probationary teacher during the probationary period. (Board of Educ. v Barni, 49 NY2d 311; Matter of Candor Cent. School Dist. [Candor Teachers Assn.], 42 NY2d 266.)

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

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

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