Home/New York Court of Appeals/Rieder v. State University of New York

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
CourtNew York Court of Appeals
DecidedJune 2, 1976
StatusPublished
Cited by13 cases

This text of 351 N.E.2d 747 (Rieder v. State University of New York) 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
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).

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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Bluebook (online)
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, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rieder-v-state-university-of-new-york-ny-1976.