Board of Education, West Babylon Union Free School District v. West Babylon Teachers Ass'n

In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from an order of the Supreme Court, Suffolk County, dated September 30, 1976, which granted the application. Order affirmed, with $50 costs and disbursements. We agree that the board of education’s refusal to fill the vacant position of director of attendance is not arbitrable under the parties’ collective bargaining agreement. There is no provision in the collective bargaining agreement dealing with the subject matter of this dispute, which is only a permissible, as opposed to a mandatory, subject of bargaining,…