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Board of Education v. West Babylon Teachers Ass'n

52 N.Y.2d 1002 Court N.Y. Decision date 1981-02-19 English

Contents

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p. 1002
In the Matter of the Board of Education, West Babylon Union Free School District, Appellant, v West Babylon Teachers Association, Respondent. (And Three Other Proceedings.)
Argued January 7, 1981;
decided February 19, 1981
p. 1003
APPEARANCES OF COUNSEL
Arthur C. Briggs, III, for appellant.
Jacob S. Feldman, James R. Sandner and David N. Stein for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The arbitration provisions of the parties’ collective bargaining agreement are sufficiently broad and unambiguous to encompass the instant grievances. In addition, such arbitration would violate no strong public policy of this State. In public sector labor arbitration, a stay is proper only where the disputed issue falls outside the contract’s arbitration provisions or where arbitration would violate public policy. It is for the arbitrator to interpret the substantive

p. 1004
provisions of the contract (Board of Educ. v Barni, 49 NY 2d 311 ; Matter of Wyandanch Union Free School Dist. v Wyandanch Teachers Assn., 48 NY2d 669 ). The arbitration here, therefore, should not have been stayed.

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

Order affirmed, with costs, in a memorandum.

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