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eBook details

• Title: Board Education Lakeland Central School District Shrub Oak v. Joseph Barni
• Author : Court of Appeals of New York
• Release Date : January 12, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

As part of its collective bargaining agreement with the teachers association, the school district agreed to submit to arbitration all grievances involving "an alleged misinterpretation or misapplication of an express provision of [the] Agreement". Inasmuch as the grievance of the probationary teacher in this case was based upon a claimed violation of the disciplinary provisions of the contract, it was clearly arbitrable within the meaning of the parties unambiguous agreement to arbitrate (see Mineola Union Free School Dist. v Mineola Teachers Assn., 46 N.Y.2d 568, 572; Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 N.Y.2d 509, 513-514). It begs the question to contend, as the school district does, that the grievance is not arbitrable because it involves a dispute that is not unambiguously encompassed by an express substantive provision of the contract. The question of the scope of the substantive provisions of the contract is itself a matter of contract interpretation and application, and hence it must be deemed a matter for resolution by the arbitrator (Matter of Wyandanch Union Free School Dist. v Wyandanch Teachers Assn., 48 N.Y.2d 669; Matter of Board of Educ. v Roosevelt Teachers Assn., 47 N.Y.2d 748).

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