New York Court of Appeals, 1982

County of Westchester v. Mahoney

County of Westchester v. Mahoney
New York Court of Appeals · Decided May 13, 1982
56 N.Y.2d 756; 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.

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