North Syracuse Central School District v. North Syracuse Education Ass'n

379 N.E.2d 1193, 45 N.Y.2d 195, 408 N.Y.S.2d 64, 1978 N.Y. LEXIS 2125, 99 L.R.R.M. (BNA) 2873
CourtNew York Court of Appeals
DecidedJuly 13, 1978
StatusPublished
Cited by26 cases

This text of 379 N.E.2d 1193 (North Syracuse Central School District v. North Syracuse Education Ass'n) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
North Syracuse Central School District v. North Syracuse Education Ass'n, 379 N.E.2d 1193, 45 N.Y.2d 195, 408 N.Y.S.2d 64, 1978 N.Y. LEXIS 2125, 99 L.R.R.M. (BNA) 2873 (N.Y. 1978).

Opinion

OPINION OF THE COURT

Fuchsberg, J.

The petitioner in this proceeding, brought pursuant to CPLR 7511, seeks vacatur of an arbitration award which, as part of the relief it grants, directs the reinstatement of certain teaching employees found to have been discharged in violation of a job security clause contained in a public sector collective bargaining agreement. The main issue on the present appeal is whether the arbitrator, in the absence of any express limitation on his powers, lacked authority to order the employees restored to their former positions at a time subsequent to the expiration date of the contract under which the dispute arose.

It was on September 9, 1974 that the petitioner, North Syracuse Central School District, and the respondent, North Syracuse Education Association, the duly recognized bargaining agent for the teachers, entered into the agreement. The period it covered was from July 1, 1974 to June 30, 1976. The asserted security clause, numbered section 75 and entitled "Adequate Number of Specialists”, reads: "An adequate number of competent specialists is essential to the operation of an effective educational program. The number of such specialists employed will be determined by need, availability, and the financial resources of the District; but the District at this time reaffirms its intentions to maintain the present ratio of specialists to classrooms and/or students in order to continue to offer a comprehensive educational program”.

In March, 1975, when the agreement still had more than a year to run, the district’s superintendent, apparently fearing rejection of its projected budget upon presentation to the district’s voters, recommended to the board of education that certain cost-cutting measures be instituted during the ensuing school year, i.e., the second year of this contract. Among the cuts he proposed was the elimination of the positions of 20 employees who fit the contract definition of "specialists” (four driver education teachers, 13 school nurse-teachers, two guidance counselors, and a part-time reading teacher). In due course, his recommendations were adopted and the employment of the 20 teachers was terminated.

[199]*199Not unexpectedly, respondent’s opposition to the abolition was strenuous. It took two paths. One was the contract’s grievance machinery, the final stage of which was to be final and binding arbitration. The other might be termed political. Pursuing procedures under article 41 of the Education Law, it attempted to persuade the district’s electors to exercise their franchise by voting for ballot propositions whose adoption would have restored the appropriation to cover the specialist teachers’ continued employment; this effort met defeat at the polls in June, 1975.

The arbitration route was to prove more fruitful. However, it did not get under way until after November 5, 1975, when the Supreme Court in Onondaga County denied a motion the district made for a stay of arbitration under CPLR 7503; in doing so, the court found that the asserted grievance was within the scope of the contract’s arbitration clause and that there was no merit to the district’s insistence that the security clause on which the teachers relied so impermissibly trespassed on the board’s managerial powers that its commitment to an arbitrator offended public policy.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Buffalo Teachers' Fedn. (Board of Educ. of Buffalo City Sch. Dist.)
2024 NY Slip Op 02429 (Appellate Division of the Supreme Court of New York, 2024)
Matter of Certain Controversies Between Social Serv. Empls. Union, Local 371 v. City of New York
135 A.D.3d 226 (Appellate Division of the Supreme Court of New York, 2015)
ASSET PROTECTION & SECURITY SERVICE v. SERVICE EMPLOYEES INTERNATIONAL UNI
Appellate Division of the Supreme Court of New York, 2011
Asset Protection & Security Services v. Service Employees International Union, Local 200 United
90 A.D.3d 1461 (Appellate Division of the Supreme Court of New York, 2011)
Frankel v. Sardis
76 A.D.2d 136 (Appellate Division of the Supreme Court of New York, 2010)
Fishman v. Roxanne Management
24 A.D.3d 365 (Appellate Division of the Supreme Court of New York, 2005)
Rothman v. RE/MAX of New York, Inc.
274 A.D.2d 520 (Appellate Division of the Supreme Court of New York, 2000)
Landro v. D'Amond
180 Misc. 2d 420 (Civil Court of the City of New York, 1998)
Artists & Craftsmen Builders, Ltd. v. Schapiro
232 A.D.2d 265 (Appellate Division of the Supreme Court of New York, 1996)
In re the Arbitration between Obot
224 A.D.2d 1006 (Appellate Division of the Supreme Court of New York, 1996)
Rotblut v. Trieschmann
201 A.D.2d 738 (Appellate Division of the Supreme Court of New York, 1994)
Mohiuddin v. Khan
197 A.D.2d 578 (Appellate Division of the Supreme Court of New York, 1993)
In re the Arbitration between Frankfort-Schuyler Central School District & Sarafin
181 A.D.2d 1036 (Appellate Division of the Supreme Court of New York, 1992)
Rose v. J.J. Lowrey & Co.
181 A.D.2d 418 (Appellate Division of the Supreme Court of New York, 1992)
Pearlman v. Pearlman
169 A.D.2d 825 (Appellate Division of the Supreme Court of New York, 1991)
Lieberman v. Lieberman
149 Misc. 2d 983 (New York Supreme Court, 1991)
In re the Arbitration between World Trade Diamond Corp. & Siegmann
158 A.D.2d 300 (Appellate Division of the Supreme Court of New York, 1990)
In re the Arbitration between Albany County Sheriff's Local 775 of Council 82 & County of Albany
101 A.D.2d 620 (Appellate Division of the Supreme Court of New York, 1984)
Eyre v. Big Bend Community College
672 P.2d 1270 (Court of Appeals of Washington, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
379 N.E.2d 1193, 45 N.Y.2d 195, 408 N.Y.S.2d 64, 1978 N.Y. LEXIS 2125, 99 L.R.R.M. (BNA) 2873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-syracuse-central-school-district-v-north-syracuse-education-assn-ny-1978.