County of Westchester v. Mahoney

New York Court of Appeals
County of Westchester v. Mahoney, 56 N.Y.2d 756 (N.Y. 1982)
437 N.E.2d 280; 452 N.Y.S.2d 21; 1982 N.Y. LEXIS 3406

County of Westchester v. Mahoney

Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, the petition to stay arbitration granted and the cross petition to compel arbitration dismissed. Our reading of the collective bargaining agreement as a whole establishes the parties’ plain and unambiguous intent to limit the right to demand step 3 grievance arbitration to the college and the union. Accordingly, respondent faculty member’s arbitration demand was without legal effect (cf. Matter of Horseheads Cent. School Dist. [Horsehead Teachers’ Assn.], 55 NY2d 949).

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

Reference

Full Case Name
County of Westchester v. Donald Mahoney
Cited By
15 cases
Status
Published