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In re the Arbitration between Delaware Valley Central School District & Delaware Valley Faculty Ass'n

54 N.Y.2d 613 Court N.Y. Decision date 1981-06-16 English

Contents

Majority

p. 613
In the Matter of the Arbitration between Delaware Valley Central School District, Respondent, and Delaware Valley Faculty Association, Appellant. (And Three Other Proceedings.)
Decided June 16, 1981
p. 614
APPEARANCES OF COUNSEL
Bernard F. Ashe for appellant.
Edward J. Sarzynski for respondent.

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the applications to stay arbitration denied. It does not alter the classification of articles XXV(F), XXV(E) and III (A) as “substantive” provisions of the contract that their interpretation will determine the duration of the agreement to arbitrate. They are nonetheless “provisions of the agreement” other than the arbitration clause itself and as such are the proper subject of a grievance, and thus of arbitration within the explicit agreement of the parties. (Matter of Windsor Cent. School Dist. v Windsor Teachers Assn., 52 NY2d 734 .)

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

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