New York Court of Appeals, 1981

In re the Arbitration between Delaware Valley Central School District & Delaware Valley Faculty Ass'n

In re the Arbitration between Delaware Valley Central School District & Delaware Valley Faculty Ass'n
New York Court of Appeals · Decided June 16, 1981
54 N.Y.2d 613; 442 N.Y.S.2d 501; 425 N.E.2d 889; 1981 N.Y. LEXIS 2584

In re the Arbitration between Delaware Valley Central School District & Delaware Valley Faculty Ass'n

Opinion of the Court

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the applications to stay arbitration denied. It does not alter the classification of articles XXV(F), XXV(E) and III (A) as “substantive” provisions of the contract that their interpretation will determine the duration of the agreement to arbitrate. They are nonetheless “provisions of the agreement” other than the arbitration clause itself and as such are the proper subject of a grievance, and thus of arbitration within the explicit agreement of the parties. (Matter of Windsor Cent. School Dist. v Windsor Teachers Assn., 52 NY2d 734.)

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

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