Legal Opinion

Matter of Woods v. State University of New York

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

Decided May 26, 2016No. 521502Published

1DissentRose, J.

(dissenting).We respectfully dissent. Here, we are not faced with a collective bargaining agreement (hereinafter CBA) containing a broad arbitration clause. Instead, as the majority notes, the record before us includes only article 8 of the CBA, and the arbitration provided for therein is narrowly limited to disciplinary actions. In considering the prescribed second-step question of “ ‘whether the parties did agree by the terms of their particular arbitration clause to refer their differences in this specific area to arbitration’ ” (Matter of Board of Educ. of Watertown City School Dist.…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. In re the Arbitration between the Acting Superintendent of Schools of Liverpool Central School District v. United Liverpool Faculty Ass'nNew York Court of Appeals · 1977
  2. In Re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'nNew York Court of Appeals · 1999
  3. York v. McGuireNew York Court of Appeals · 1984
  4. In re the Arbitration between City of Binghamton & Binghamton FirefightersAppellate Division of the Supreme Court of the State of New York · 2005
  5. In re the Arbitration between Odessa-Montour Central School District & Odessa-Montour Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 2000

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