Board of Education, Commack Union Free School District v. Ambach

I respectfully dissent. The issue on respondent Joseph B. Margolin’s appeal to respondent Commissioner of Education was purely one concerning construction of a common, management prerogative clause of the collective bargaining agreement which Margolin’s bargaining representative, the Commack Teachers’ Association (CTA), negotiated and entered into. Margolin’s appeal to the Commissioner occurred only after he had voluntarily elected to invoke the grievance machinery of the agreement, exhausted all of his remedies thereunder and received an unfavorable result. No overriding issue of educational…