Hempstead Classroom Teachers Ass'n v. Board of Education

In an action, inter alia, to recover damages for breach of a collective bargaining agreement, plaintiffs appeal from an order of the Supreme Court, Nassau County (Roncallo, J.), dated September 20, 1984, which granted defendant’s motion to dismiss the amended complaint pursuant to CPLR 3211 (a) (5) upon the ground that the action could not be maintained because of "arbitration and award”.

Order reversed, with costs, and motion denied.

After pursuing a grievance through the first three levels of the grievance machinery provided by their collective bargaining agreement with defendant, plaintiffs…