Legal Opinion

In Re the Arbitration Between the Board of Education & Middle Island Teachers Ass'n

New York Court of Appeals

Decided May 29, 1980PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

At issue is whether a probationary teacher, denied tenure for alleged professional incompetence in the performance of his nonclassroom duties, has a right to arbitrate alleged breaches of contract evaluation procedures specifically referable to classroom performance. The Appellate Division has stayed the arbitration noting that "the demand for arbitration avoids dealing with the fact that irrespective of respondent [teacher’s] classroom performance — he may have been an outstanding teacher — the school board denied tenure for unrelated, nonarbitrable reasons.”

There is no…

3Cases cited6 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. Cohoes City School District v. Cohoes Teachers Ass'nNew York Court of Appeals · 1976
  3. Port Washington Union Free School District v. Port Washington Teachers Ass'nNew York Court of Appeals · 1978
  4. Board of Education v. Bellmore-Merrick United Secondary Teachers, Inc.New York Court of Appeals · 1976
  5. In re the Arbitration between Candor Central School District & Candor Teachers Ass'nNew York Court of Appeals · 1977

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4Cited by15 opinions

  1. County of Chautauqua v. Chautauqua County Employees' Unit 6300 of Local 807 of the Civil Service Employees' Ass'nAppellate Division of the Supreme Court of the State of New York · 1992
  2. Wheeler v. Yuma School District No. OneArizona Supreme Court · 1988
  3. In re the Arbitration between Broadalbin Teachers Ass'n & Broadalbin Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
  4. Professional Staff Congress/Cuny v. City UniversityDistrict Court, S.D. New York · 1981
  5. South Country Central School District v. Bellport Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1992

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