Legal Opinion · Dissent

In re the Arbitration between Rochester City School District & Rochester Teachers Ass'n

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

Decided March 16, 2007Published

1Dissent

Scudder, RJ. (dissenting).

I disagree with the majority that the arbitrator did not exceed her authority, and I therefore respectfully dissent. The collective bargaining agreement (CBA) between petitioner and respondent Rochester Teachers Association (Association) established a “Living Contract Committee” *1154(LCC). The LCC consisted of representatives from both petitioner and the Association and provided a means for ongoing discussions between the parties to resolve issues concerning the implementation and interpretation of the CBA. The LCC had the power to “amend [the CBA], provided that any…

2Cases cited5 opinions

  1. New York State Correctional Officers & Police Benevolent Ass'n v. StateNew York Court of Appeals · 1999
  2. Aeneas McDonald Police Benevolent Ass'n v. City of GenevaNew York Court of Appeals · 1998
  3. Board of Education v. Arlington Teachers Ass'nNew York Court of Appeals · 1991
  4. Hunsinger v. MinnsAppellate Division of the Supreme Court of the State of New York · 1993
  5. West Genesee Central School District v. West Genesee Teacher Ass'nAppellate Division of the Supreme Court of the State of New York · 2003

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