Opinion
December 30, 1999
Appeal from Order and Judgment of Supreme Court, Wayne County, Sirkin, J. — Arbitration.
Order and judgment unanimously affirmed without costs.
PRESENT: PINE, J. P., HAYES, PIGOTT, JR., HURLBUTT AND CALLAHAN, JJ.
Memorandum:
Supreme Court properly denied the application seeking a stay of arbitration and granted the cross application to compel arbitration. The collective bargaining agreement between petitioner and respondent Williamson Faculty Association defines a grievance as "a claim by a unit member that there has been a violation, misinterpretation, or inequitable application of any provision of this agreement." Whether respondents are "unit members" is an issue for the arbitrator to determine ( see, Matter of Jefferson-Lewis-Hamilton-Herkimer-Oneida BOCES [Jefferson-Lewis-Hamilton-Herkimer-Oneida BOCES Professional Assn., Local 2784], 247 A.D.2d 829; see generally, Matter of Board of Educ. [Watertown Educ. Assn.], 93 N.Y.2d 132, 142; Board of Educ. v. Barni, 51 N.Y.2d 894, 895, rearg denied 52 N.Y.2d 829).