Legal Opinion · Dissent

United Liverpool Faculty Ass'n v. Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1979Published

1Dissent

Schnepp and Moule, JJ. (dissenting).

We dissent and agree with Special Term that the arbitrator usurped the school board’s responsibility to deter*919mine a teacher’s tenure and that the board’s decision not to grant tenure did not violate a supplemental procedural step contained in the collective bargaining agreement between the district and the faculty association (see Matter of Candor Cent. School Dist. [Candor Teachers Assn.], 42 NY2d 266; Matter of Cohoes City School Dist. v Cohoes Teachers Assn., 40 NY2d 774). Although Special Term erroneously found that the arbitrator impermissibly…

2Cases cited7 opinions

  1. Rokowsky v. Finance AdministratorNew York Court of Appeals · 1977
  2. Cohoes City School District v. Cohoes Teachers Ass'nNew York Court of Appeals · 1976
  3. In re the Arbitration between Candor Central School District & Candor Teachers Ass'nNew York Court of Appeals · 1977
  4. Board of Education v. Chautauqua Central School Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1973
  5. Matter of Anderson v. Bd. of Educ. of the City of YonkersNew York Court of Appeals · 1976

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