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Board of Education of Pine Plains Central School District v. Pine Plains Federation of Educators, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 612 (N.Y. App. Div. 1998)

Opinion

March 23, 1998

Appeal from the Supreme Court, Dutchess County (Bernhard, J.).


Ordered that the judgment is modified, on the law, by deleting from the first decretal paragraph thereof the words: "in all respects" and substituting therefor the words: "with respect to the alleged violation of Article V, Section D of the collective bargaining agreement between the parties, effective July 1, 1992 — June 30, 1997, and the petitioner's application for a stay of arbitration is granted with respect to the alleged violation of the provisions of a Supplemental Memorandum of Agreement between the parties, dated July 1988"; as so modified, the judgment is affirmed, without costs or disbursements.

The respondent sought arbitration, inter alia, of an alleged violation of the provisions of a 1988 "Supplemental Memorandum of Understanding" (hereinafter the Supplemental Memorandum) between the parties. However, the Supplemental Memorandum does not contain an arbitration clause and was not incorporated into or made part of the collective bargaining agreement between the parties in effect for the period July 1, 1992, to June 30, 1997.

In the absence of a valid and specific agreement between the parties evidencing an intent to arbitrate claims under the Supplemental Memorandum, the petitioner's motion to stay arbitration should have been granted with respect to the respondent's demand to arbitrate claims pursuant to the Supplemental Memorandum (see, Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1, 7; County of Rockland v. Rockland County Unit of Rockland Community Coll. Fedn. of Teachers, 125 A.D.2d 531; Matter of Allstate Ins. Co. v. Roseboro, 247 A.D.2d 379).

The petitioner's remaining argument is without merit.

Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.


Summaries of

Board of Education of Pine Plains Central School District v. Pine Plains Federation of Educators, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 612 (N.Y. App. Div. 1998)
Case details for

Board of Education of Pine Plains Central School District v. Pine Plains Federation of Educators, Inc.

Case Details

Full title:In the Matter of BOARD OF EDUCATION OF THE PINE PLAINS CENTRAL SCHOOL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 23, 1998

Citations

248 A.D.2d 612 (N.Y. App. Div. 1998)
669 N.Y.S.2d 929