County of Monroe v. Monroe County Deputy Sheriff's Ass'n

Dillon, P. J., and Green, J.

(dissenting). We dissent. Supreme Court properly denied petitioner a stay of arbitration and properly granted respondent’s cross motion compelling arbitration. The collective bargaining agreement (§ 36.1) clearly gave members of respondent the right to use the grievance procedure. Section 34.1 states "[n]o material related to an employee’s conduct, performance, character or personality which is derogatory in nature shall be placed in an employee’s personnel file without notification to the employee.” If such material is placed in a personnel file, employees may…