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County of Westchester v. Mahoney

56 N.Y.2d 756 Court N.Y. Decision date 1982-05-13 English

Contents

Majority

p. 756
County of Westchester et al., Appellants, v Donald Mahoney, Respondent.
Decided May 13, 1982
p. 758
APPEARANCES OF COUNSEL
Samuel S. Yasgur, County Attorney (Jane Bilus Gould of counsel), for appellant.
Daniel P. Levitt for respondent.

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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