Rieder v. State University of New York

New York Court of Appeals

Rieder v. State University of New York

351 N.E.2d 747, 39 N.Y.2d 845, 386 N.Y.S.2d 99, 1976 N.Y. LEXIS 2798, 92 L.R.R.M. (BNA) 2736

New York Court of Appeals·Decided June 2, 1976·Published·Cited by 13 cases

Opinion

Memorandum. The order of the Appellate Division should be affirmed. The plaintiffs have utterly failed to exhaust available and adequate administrative remedies. Even accepting plaintiffs’ contentions that an expeditious resolution of this controversy was necessary lest the disputed funds lapse, the plaintiffs had sufficient time to follow the speedy grievance procedure provided for in a binding collective bargaining agreement. Although the remaining steps in the procedure required the prosecution of the grievance by plaintiffs’ union, there is no indication that the union was unwilling to pursue the grievance on their behalf. For all that appears on this record, plaintiffs’ attempt to obtain a judicial resolution of this controversy was, in practical effect, an effort to avoid arbitration, the final stage in the grievance procedure. This evasion we reject.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

*847 Order affirmed, with costs, in a memorandum.

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Memorandum. The order of the Appellate Division should be affirmed. The plaintiffs have utterly failed to exhaust available and adequate administrative remedies. Even accepting plaintiffs’ contentions that an expeditious resolution of this controversy was necessary lest the disputed funds lapse, the plaintiffs had sufficient time to follow the speedy grievance procedure provided for in a binding collective bargaining agreement. Although the remaining steps in the procedure required the prosecution of the grievance by plaintiffs’ union, there is no indication that the union was unwilling to pursue the grievance on their behalf. For all that appears on this record, plaintiffs’ attempt to obtain a judicial resolution of this controversy was, in practical effect, an effort to avoid arbitration, the final stage in the grievance procedure. This evasion we reject.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

*847 Order affirmed, with costs, in a memorandum.

Rieder v. State University of New York, 351 N.E.2d 747, 39 N.Y.2d 845, 386 N.Y.S.2d 99, 1976 N.Y. LEXIS 2798, 92 L.R.R.M. (BNA) 2736 (N.Y. 1976).

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351 N.E.2d 747 (Rieder v. State University of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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