Board of Educ. v. Ambach
70 N.Y.2d 501 (N.Y. 1987) Cited 140 timesHolding that in the absence of a breach of the union's duty of fair representation, the failure to exhaust all contractual remedies, including arbitration bars the employee's right to sue the employer directly
Matter of Exercycle Corp.
9 N.Y.2d 329 (N.Y. 1961) Cited 181 timesIn Matter of Exercycle Corp., 9 N.Y.2d 329, 214 N.Y.S.2d 353, 174 N.E.2d 463 (1961), the court stated that questions as to the validity of the contract at common law were for the arbitrators; however, issues of invalidity involving matters of public policy, such as fraud or duress, should be retained by the courts.
Matter of Long Is. Lbr. Co.
15 N.Y.2d 380 (N.Y. 1965) Cited 85 timesIn Matter of Long Is. Lbr. Co. (Martin) (15 N.Y.2d 380, 382-383) the court stated: "Since the arbitration clause is part of a collective bargaining contract, its interpretation and enforcement come within the terms of subdivision (a) of section 301 of the Labor Management Relations Act * * * Because of this legislation such cases are not dealt with as a matter of State contract law and, although State courts have jurisdiction in such cases as this, the Federal law must be followed".
Matter Franklin Cent School
51 N.Y.2d 348 (N.Y. 1980) Cited 38 timesArgued October 6, 1980 Decided November 25, 1980 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, PAUL J. YESAWICH, JR., J. Edward J. Sarzynski for appellant in the first above-entitled proceeding. Janet Axelrod and Paul E. Klein for respondents in the first above-entitled proceeding. Janet Axelrod and Paul E. Klein for appellant in the second above-entitled proceeding. Edward J. Sarzynski for respondents in the second above-entitled proceeding. JASEN, J.
Matter of Diaz v. Pilgrim State Psychiatric Center
62 N.Y.2d 693 (N.Y. 1984) Cited 27 timesIn Diaz, we held that the petitioner had standing to seek vacatur of the arbitral award, even though he was not individually named as a party in the caption of the arbitration proceeding and was initially represented by a union attorney (see, id.).
Board of Educ. v. Teachers Assn
41 A.D.2d 47 (N.Y. App. Div. 1973) Cited 41 timesFebruary 23, 1973. Appeal from the Supreme Court, Chautauqua County, ROLLIN A. FANCHER, J. Fudeman Renaldo ( Emanuel Tabachnick of counsel), for appellant. Brandt Laughlin, P.C. ( Stephen Teret of counsel), for respondent. GOLDMAN, P.J. The Chautauqua Central School Teachers Association (Teachers Association) appeals from an order which stayed arbitration between it and the Board of Education of the Chautauqua Central School District (School Board). The respondent School Board has recognized the
County of Westchester v. Mahoney
437 N.E.2d 280 (N.Y. 1982) Cited 13 timesDecided May 13, 1982 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE D. BURCHELL, J. Samuel S. Yasgur, County Attorney ( Jane Bilus Gould of counsel), for appellant. Daniel P. Levitt for respondent. On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed, with costs, the petition to stay arbitration granted and the cross petition to compel arbitration dismissed. Our reading of
Bd. of Educ. of W. Irondequoit Cent. Sch. Dist. v. W. Irondequoit Teachers Ass'n
55 A.D.2d 1037 (N.Y. App. Div. 1977) Cited 5 timesJanuary 21, 1977 Appeal from the Monroe Supreme Court. Present — Moule, J.P., Cardamone, Simons, Dillon and Witmer, JJ. Order unanimously reversed, without costs, and motion denied. Memorandum: Respondent-appellant, West Irondequoit Teachers Association (Association), appeals from an order at Special Term which granted petitioner-respondent's, Board of Education of West Irondequoit Central School District (Board), application for a stay of arbitration pursuant to the provisions of CPLR 7503 (subd