Opinion
January 24, 1989
Appeal from the Supreme Court, New York County (Kenneth Shorter, J.).
Gil Roller, the subject of the arbitration, was employed by the petitioner, a co-op, as a general manager, for approximately 14 years. He was disqualified from receiving unemployment insurance in an administrative hearing on the basis that he had left his employment for personal and noncompelling reasons.
Respondent, the president of his union, sought arbitration with respect to accrued vacation and sick leave pay as well as termination pay allegedly due. The petitioner contended that such grievance was not arbitrable and that all claims for past vacation and sick leave were barred by the contractual Statute of Limitations.
We have previously determined that such an arbitration should be limited "to claims that accrued no more than six years before the date of the notice of arbitration", and, following precedent, we should so modify. (Matter of Schwarzler v Garage Employees Union Local No. 272, 52 A.D.2d 545; see, Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1, 6.)
Concur — Murphy, P.J., Kupferman, Carro, Rosenberger and Smith, JJ.