New York Court of Appeals, 1983

Matter of Bd. of Educ. of the Connetquot Cent. Sch. Dist. of Islip

New York Court of Appeals · Decided November 3, 1983 · Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye Concur in Memorandum

60 N.Y.2d 840; 470 N.Y.S.2d 132; 458 N.E.2d 373; 1983 N.Y. LEXIS 3514

Cases that cite this one

6 later published cases cite this decision.

In re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'n (N.Y. 1999)
Board of Education of Yonkers City School District v. Yonkers Federation of Teachers (Appellate Division of the Supreme Court of New York 1988)
Incorporated Village of Lake Grove v. Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 1986)
Board of Cooperative Educational Services v. BOCES II Teachers' Ass'n (Appellate Division of the Supreme Court of New York 1985)
Dutchess County Board of Cooperative Educational Services v. Dutchess County Board of Cooperative Educational Services Faculty Ass'n (Appellate Division of the Supreme Court of New York 1985)
Copiague Union Free School District v. Copiague Teachers Ass'n (Appellate Division of the Supreme Court of New York 1985)

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 order and judgment of Supreme Court reinstated.

The arbitration sought in this instance lies within the permissible scope of the Taylor Law (Civil Service Law, art 14), and the issue tendered (the right of the teachers association to use office space in school buildings) falls within the ambit of the broad arbitration clause contained in the collective bargaining agreement between the parties (cf. Matter of Acting Supt. of Schools [United Liverpool Faculty Assn.], 42 NY2d 509, 513-514).

The arguments of the school board that the arbitrator might make an award that could be said to be in violation of public policy do not justify judicial intervention in the arbitration process at this stage (Matter of Port Washington Union Free School Dist. v Port Washington Teachers Assn., 45 NY2d 411, 417-418). And, of course, the courts are enjoined from consideration of the merits of the dispute between the parties (CPLR 7501).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur in memorandum.

Order reversed, etc.

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