In Re the Arbitration Between Dutchess County Chapter, Civil Service Employees Ass'n & Dutchess County

426 N.E.2d 488, 54 N.Y.2d 738, 442 N.Y.S.2d 994, 1981 N.Y. LEXIS 2656

• Court: New York Court of Appeals
• Decided: July 7, 1981
• Status: Published

Opinion

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. Public policy does not preclude a Sheriff from agreeing to submit for resolution by arbitration questions as to whether assignments to a Deputy Sheriff violate provisions of their collective bargaining agreement concerning out-of-title work assignments. That being so the award of the arbitrator, involving an interpretation of a job description and not the creation or classification of a new position, does not offend public policy. In addition, we cannot say as a matter of law that the award is so irrational as to warrant vacatur.

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