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In re the Arbitration between Spink & Williamson Faculty Ass'n

267 A.D.2d 972 Court N.Y. App. Div. Decision date 1999-12-30 English

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p. 972
In the Matter of the Arbitration between Barry Spink, as Superintendent of Williamson Central School District, Apellant, and Williamson Faculty Association et al., Respondents.
[700 NYS2d 907]

—Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied the application seeking a stay of arbitration and granted the cross application to compel arbitration. The collective bargaining agreement between petitioner and respondent Williamson Faculty Association defines a grievance as “a claim by a unit member that there has been a violation, misinterpretation, or inequitable application of any provision of this agreement.” Whether respondents are “unit members” is an issue for the arbitrator to determine (see, Matter of Jefferson-Lewis-Hamilton-Herkimer-Oneida BOCES [Jefferson-Lewis-Hamilton-Herkimer-Oneida BOCES Professional Assn.], 247 AD2d 829 ; see generally, Matter of Board of Educ. [Watertown Educ. Assn.], 93 NY2d 132 , 142; Board of Educ. v Barni, 51

p. 973
NY2d 894 , 895, rearg denied 52 NY2d 829 ). (Appeal from Order and Judgment of Supreme Court, Wayne County, Sirkin, J. — Arbitration.) Present — Pine, J. P., Hayes, Pigott, Jr., Hurl-butt and Callahan, JJ.

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