Citation Numbers: 42 A.D.2d 704
Filed Date: 7/2/1973
Status: Precedential
Modified Date: 1/12/2022
In a proceeding pursuant to article 75 of the CPLR (1) to stay arbitration between petitioner and Poughkeepsie Public School. Teachers’ Association, and (2) for related relief, the appeal is from a judgment entered on October 27, 1972, in the Supreme Court, Dutchess County, granting petitioner’s application to the extent of directing that such arbitration be permanently stayed. Judgment reversed, on the law, with $20 costs and disbursements, petition dismissed, and matter remanded to arbitration for proceedings consistent with the views set forth herein. After one Raylene Shayo was refused an appointment to a particular teaching position by petitioner School District, appellant Teachers’ Association, of which she was a member, instituted a grievance pursuant to the grievance procedure outlined in the parties’ collective bargaining agreement, alleging a breach of that contract and seeking to have Mrs. Shayo appointed as she had desired to be. Almost simultaneously, Mrs. Shayo, represented by appellant’s attorneys, commenced an appeal pursuant to section 310 of the Education Law, alleging both a breach of her contract rights as well as violation of her statutory rights under section 2510 of the Education Law. Later, on oral argument before the Commissioner of Education, that portion of Mrs. Shayo’s appeal which dealt with the alleged breach of contract was withdrawn, and, subsequently, the Commissioner of Education decided Mrs. Shayo’s appeal, holding that there had been no violation of her statutory rights. Prior to the publication of the decision of the Commissioner of Education, while the appeal was sub judice, appellant Association unavailingly proceeded through the first three steps of the grievance procedure outlined in the parties’ collective bargaining agreement, each trier of the issues withholding his decision pending the determination of Mrs. Shayo’s appeal. Finally, appellant served a notice of intention to