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Long Island University Faculty Federation, Local 3998 v. Board of Trustees

60 N.Y.2d 855 Court N.Y. Decision date 1983-11-03 English

Contents

Majority

p. 855
In the Matter of Long Island University Faculty Federation, Local 3998, NYSUT, AFT, AFL-CIO, Respondent, v Board of Trustees of Long Island University, Appellant.
Argued October 20, 1983;
decided November 3, 1983
p. 857
APPEARANCES OF COUNSEL
K. Jane Fankhanel, Douglas P. Catalano and Judith B. Yaeger for appellant.
Ronald H. Shechtman and Richard M. Betheil for respondent.

OPINION OF THE COURT

Memorandum.

The order should be affirmed, with costs, for the reasons stated in the memorandum decision of the Appellate Division ( 91 AD2d 686 ). We also note that appellant’s contention that the arbitrator’s decision violates section 193 of the Labor Law is without merit. Although petitioner’s demand for arbitration sought “proper payment” of penalties by all full-time faculty as a remedy, the award of the arbitrator did not grant any remedy or direct respondent to proceed against nonstriking teachers. It stated only that “the grievance is granted.” Inasmuch as petitioner failed to object to this omission, it is held to have waived it. Accordingly, the award is limited to a declaration interpreting the terms of the agreement and does not permit monetary consequences in this or any future action.

Chief Judge Cooke and Judges Jasen, Jones, Meyer, Simons and Kaye concur; Judge Wachtler taking no part.

Order affirmed, with costs, in a memorandum.

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