Opinion · New York Court of Appeals
County of Westchester v. Mahoney
56 N.Y.2d 756
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1982-05-13
- Topic
- general
OPINION OF THE COURT On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, the petition to stay arbitration granted and the cross petition to compel arbitration dismissed. Our reading of the collective bargaining agreement as a whole establishes the parties’ plain and unambiguous intent to limit the right to demand step 3 grievance arbitration to the college and the union. Accordingly, respondent faculty member’s arbitration demand was without legal effect (cf. Matter of Horseheads Cent. School Dist. [Horsehead Teachers’ Assn.], 55 NY2d 949).
Citator
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- 15 opinions
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, the petition to stay arbitration granted and the cross petition to compel arbitration dismissed. Our reading of the collective bargaining agreement as a whole establishes the parties’ plain and unambiguous intent to limit the right to demand step 3 grievance arbitration to the college and the union. Accordingly, respondent faculty member’s arbitration demand was without legal effect (cf. Matter of Horseheads Cent. School Dist. [Horsehead Teachers’ Assn.], 55 NY2d 949).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.