New York Court of Appeals, 1981

In Re the Arbitration Between Dutchess County Chapter, Civil Service Employees Ass'n & Dutchess County

In Re the Arbitration Between Dutchess County Chapter, Civil Service Employees Ass'n & Dutchess County
New York Court of Appeals · Decided July 7, 1981
54 N.Y.2d 738; 426 N.E.2d 488; 442 N.Y.S.2d 994; 1981 N.Y. LEXIS 2656

In Re the Arbitration Between Dutchess County Chapter, Civil Service Employees Ass'n & Dutchess County

Opinion

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. Public policy does not preclude a Sheriff from agreeing to submit for resolution by arbitration questions as to whether assignments to a Deputy Sheriff violate provisions of their collective bargaining agreement concerning out-of-title work assignments. That being so the award of the arbitrator, involving an interpretation of a job description and not the creation or classification of a new position, does not offend public policy. In addition, we cannot say as a matter of law that the award is so irrational as to warrant vacatur.

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

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