Board of Cooperative Educational Services v. BOCES III Faculty Ass'n

Appellate Division of the Supreme Court of New York

Board of Cooperative Educational Services v. BOCES III Faculty Ass'n

168 A.D.2d 616, 563 N.Y.S.2d 456, 1990 N.Y. App. Div. LEXIS 16019

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 24, 1990

StatusPublished

Cited by2 cases

This text of 168 A.D.2d 616 (Board of Cooperative Educational Services v. BOCES III Faculty Ass'n) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Cooperative Educational Services v. BOCES III Faculty Ass'n, 168 A.D.2d 616, 563 N.Y.S.2d 456, 1990 N.Y. App. Div. LEXIS 16019 (N.Y. Ct. App. 1990).

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Opinion

In a proceeding pursuant to CPLR article 75 to stay arbitration of a grievance under a collective bargaining agreement, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Jones, J.), dated May 12, 1989, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

We agree with the the Supreme Court’s finding that the arbitration clause of the subject collective bargaining agreement is broad enough to encompass the parties’ dispute. Any ambiguity as to whether the employees of the petitioner’s "Alternative High School” are teachers covered by the agreement, is a matter of contract interpretation for the arbitrator to resolve (see, Matter of Sachem Cent. School Dist. [Sachem Cent. Teachers Assn.], 156 AD2d 568; Matter of Salmon Riv. Cent. School Dist. [Salmon River Teachers Assn.], 80 AD2d 939, 940; see also, Matter of South Colonie Cent. School Dist. v Longo, 43 NY2d 136; Matter of Board of Educ. v Watertown Educ. Assn., 74 NY2d 912, 913).

We have reviewed the petitioner’s remaining contentions and find them to be without merit. Thompson, J. P., Lawrence, Kunzeman and Rosenblatt, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to stay arbitration of a grievance under a collective bargaining agreement, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Jones, J.), dated May 12, 1989, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

We agree with the the Supreme Court’s finding that the arbitration clause of the subject collective bargaining agreement is broad enough to encompass the parties’ dispute. Any ambiguity as to whether the employees of the petitioner’s "Alternative High School” are teachers covered by the agreement, is a matter of contract interpretation for the arbitrator to resolve (see, Matter of Sachem Cent. School Dist. [Sachem Cent. Teachers Assn.], 156 AD2d 568; Matter of Salmon Riv. Cent. School Dist. [Salmon River Teachers Assn.], 80 AD2d 939, 940; see also, Matter of South Colonie Cent. School Dist. v Longo, 43 NY2d 136; Matter of Board of Educ. v Watertown Educ. Assn., 74 NY2d 912, 913).

We have reviewed the petitioner’s remaining contentions and find them to be without merit. Thompson, J. P., Lawrence, Kunzeman and Rosenblatt, JJ., concur.

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Bluebook (online)

168 A.D.2d 616, 563 N.Y.S.2d 456, 1990 N.Y. App. Div. LEXIS 16019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-cooperative-educational-services-v-boces-iii-faculty-assn-nyappdiv-1990.

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