Alden Cent. School Dist. v. Watson

• Decision Date: 18 February 1977
• Citation: 392 N.Y.S.2d 729,56 A.D.2d 713
• Parties: , 95 L.R.R.M. (BNA) 2511 Petition of ALDEN CENTRAL SCHOOL DISTRICT, Respondent, v. Joanne WATSON, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 729

392 N.Y.S.2d 729

56 A.D.2d 713, 95 L.R.R.M. (BNA) 2511

Petition of ALDEN CENTRAL SCHOOL DISTRICT, Respondent, v. Joanne WATSON, Appellant.

Supreme Court, Appellate Division, Fourth Department.

Feb. 18, 1977.

Bernard F. Ashe, Albany (Emanuel Tabachnick, Williamsville, of counsel), for appellant.

Edward J. O'Connor, Buffalo, for respondent.

Before MOULE, J.P., and CARDAMONE, SIMONS, DILLON and WITMER, JJ.

MEMORANDUM:

Respondent is a member of the Alden Teachers Association and is thus covered by a collective bargaining agreement (agreement) between the Association and petitioner for the year 1974--75.

On November 8, 1974 respondent filed a grievance in which she alleged that she was not placed on the proper step in the placement of professional personnel as of July 1, 1974, in violation of article 20 of the agreement. The grievance seeks payment of salary for all prior improper placement retroactive to September 1, 1971, and retroactive placement on step '6' under the 1974--75 agreement.

The grievance was processed and denied through the third step of the grievance procedure and, in accordance with the agreement, the Association filed a demand for arbitration on December 19, 1974. Respondent appeals from an order of Special Term which granted petitioner's application for a stay of arbitration pursuant to CPLR 7503(b). Special Term found that the grievance arose in September, 1971 and is therefore not covered by the 1974--75 agreement. The court further held that respondent's allegations do not fall within the definition of a grievance as set forth in the agreement.

Respondent contends, inter alia, that having been improperly placed in a lower step in 1971, her elevation in steps each year thereafter, based upon her initial improper placement, constitutes a 'continuing grievance'. She argues that she should have been placed on step '6' rather than step '5' as of Jury 1, 1974.

Article 3, section 3.0, of the agreement defines a grievance as follows: 'A grievance is a claim by an employee that there has been a violation, misinterpretation, or inequitable application of any provision of this agreement.'

Article 20, section 20.2, requires that '(a)ll professional personnel shall be placed on proper step in the new schedule as of July 1, 1974.'

The public policy of this state is to encourage voluntary resolution of labor disputes involving public employees (Civil Service Law, § 200). Where, as here, a collective bargaining agreement contains a broad arbitration clause, disputes arising thereunder are presumptively arbitrable absent clear exclusionary language (Steelworkers v. American Mfg. Co., 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403; Matter of Long Is. Lbr. Co. (Martin), 15 N.Y.2d 380, 259 N.Y.S.2d 142, 207 N.E.2d 190).

A stay of arbitration should only be granted in those cases which meet the requirements of article 75 of the CPLR (Matter of Acting Superintendent of Schools of Liverpool Cent....