In re the Arbitration between Nyack Board of Education & Nyack Teachers Ass'n

Appellate Division of the Supreme Court of New York

In re the Arbitration between Nyack Board of Education & Nyack Teachers Ass'n

59 A.D.2d 785, 398 N.Y.S.2d 742, 1977 N.Y. App. Div. LEXIS 13845

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

DecidedOctober 31, 1977

StatusPublished

This text of 59 A.D.2d 785 (In re the Arbitration between Nyack Board of Education & Nyack Teachers 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

In re the Arbitration between Nyack Board of Education & Nyack Teachers Ass'n, 59 A.D.2d 785, 398 N.Y.S.2d 742, 1977 N.Y. App. Div. LEXIS 13845 (N.Y. Ct. App. 1977).

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Opinion

In a proceeding to vacate an arbitration award on the ground that the arbitrator exceeded his power and authority, the Nyack Teachers Association appeals from an order of the Supreme Court, Rockland County, dated March 24, 1977, which granted the petition. Order affirmed, with $50 costs and disbursements. While we -disagree with Special Term’s holding that it is not necessary under article VI of the collective bargaining agreement for the petitioner-respondent to declare and define the nature of the "emergency situation” prior to the assignment of "additional regularly assigned duties”, we do agree with Special Term’s conclusion that the arbitrator, in effect, improperly rewrote the contract for the parties by holding that article V of [786]*786the agreement was subject to certain language in article VI. Gulotta, P. J., Latham, Damiani and O’Connor, JJ., concur.

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In a proceeding to vacate an arbitration award on the ground that the arbitrator exceeded his power and authority, the Nyack Teachers Association appeals from an order of the Supreme Court, Rockland County, dated March 24, 1977, which granted the petition. Order affirmed, with $50 costs and disbursements. While we -disagree with Special Term’s holding that it is not necessary under article VI of the collective bargaining agreement for the petitioner-respondent to declare and define the nature of the "emergency situation” prior to the assignment of "additional regularly assigned duties”, we do agree with Special Term’s conclusion that the arbitrator, in effect, improperly rewrote the contract for the parties by holding that article V of [786]*786the agreement was subject to certain language in article VI. Gulotta, P. J., Latham, Damiani and O’Connor, JJ., concur.

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Bluebook (online)

59 A.D.2d 785, 398 N.Y.S.2d 742, 1977 N.Y. App. Div. LEXIS 13845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-nyack-board-of-education-nyack-teachers-nyappdiv-1977.