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Hempstead Classroom Tchrs. v. Board of Educ

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1985
112 A.D.2d 267 (N.Y. App. Div. 1985)

Opinion

July 15, 1985

Appeal from the Supreme Court, Nassau County (Roncallo, J.).


Order reversed, with costs, and motion denied.

After pursuing a grievance through the first three levels of the grievance machinery provided by their collective bargaining agreement with defendant, plaintiffs proceeded to the last step, which provided for advisory arbitration. Defendant rejected the arbitrator's recommendation, whereupon plaintiffs brought this action, inter alia, to recover damages for breach of the collective bargaining agreement.

Defendant's contention that the grievance procedure is plaintiffs' sole remedy is without merit in the absence of clear language in the collective bargaining agreement which would bar them from maintaining this action ( Matter of Riverdale Fabrics Corp. [ Tillinghast-Stiles Co.], 306 N.Y. 288, 289; Nassau Ch. of Civ. Serv. Employees Assn. v. County of Nassau, 84 A.D.2d 784). Hence, Special Term erred in granting defendant's motion to dismiss the amended complaint on the ground of "arbitration and award". Lazer, J.P., Gibbons, Thompson and Kunzeman, JJ., concur.


Summaries of

Hempstead Classroom Tchrs. v. Board of Educ

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1985
112 A.D.2d 267 (N.Y. App. Div. 1985)
Case details for

Hempstead Classroom Tchrs. v. Board of Educ

Case Details

Full title:HEMPSTEAD CLASSROOM TEACHERS ASSOCIATION et al., Appellants, v. BOARD OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 15, 1985

Citations

112 A.D.2d 267 (N.Y. App. Div. 1985)

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