Bd. of Educ. of the Yonkers City Sch. Dist. v. Yonkers Fed'n of Teachers

• Decision Date: 26 February 2020
• Docket Number: 2018–05550,Index No. 70022/17
• Citation: 180 A.D.3d 1041,119 N.Y.S.3d 209
• Parties: In the Matter of BOARD OF EDUCATION OF the YONKERS CITY SCHOOL DISTRICT, Appellant, v. YONKERS FEDERATION OF TEACHERS, Respondent.
• Court: New York Supreme Court — Appellate Division

180 A.D.3d 1041

119 N.Y.S.3d 209

In the Matter of BOARD OF EDUCATION OF the YONKERS CITY SCHOOL DISTRICT, Appellant,

v.YONKERS FEDERATION OF TEACHERS, Respondent.

2018–05550

Index No. 70022/17

Supreme Court, Appellate Division, Second Department, New York.

Argued - October 21, 2019

February 26, 2020

Spolzino Smith Buss & Jacobs, LLP, White Plains, N.Y. (Robert A. Spolzino, Joanna M. Topping, Jacob E. Amir, and Nancy Durand of counsel), for appellant.

Robert T. Reilly, Latham, N.Y. (Christopher R. Scoville and Michael J. Del Piano of counsel), for respondent.

RUTH C. BALKIN, J.P., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

In a hybrid proceeding pursuant to CPLR article 75 to permanently stay arbitration and action for declaratory relief, the petitioner appeals from an order of the Supreme Court, Westchester County (Terry Jane Ruderman, J.), dated April 24, 2018. The order denied the petition and granted the motion of the Yonkers Federation of Teachers to compel arbitration.

ORDERED that the order is affirmed, with costs.

The petitioner, the Board of Education of the Yonkers City School District (hereinafter the Board), and the respondent, Yonkers Federation of Teachers (hereinafter the YFT), are parties to a collective bargaining agreement (hereinafter the CBA). In 2017, the YFT filed a grievance alleging, inter alia, that the Board was in violation of the CBA by failing to enforce a parking space assignment agreement between the YFT and the Civil Service Employees Association.

After the grievance was denied, and after a failed attempt at mediation between the parties, the YFT demanded arbitration. The Board thereafter commenced this hybrid proceeding pursuant to CPLR article 75 to permanently stay arbitration and action for declaratory relief, and the YFT moved to compel arbitration. The Supreme Court denied the petition and granted the motion. We affirm.

"Public policy in New York favors arbitral resolution of public sector labor disputes" ( Matter of City of Yonkers v. Yonkers Fire Fighters, Local 628, IAFF, AFL–CIO, 153 A.D.3d 617, 617, 60 N.Y.S.3d 244 ; see Matter of City of Long Beach v. Civil Serv. Empls. Assn., Inc.-Long Beach Unit, 8 N.Y.3d 465, 470, 835 N.Y.S.2d 538, 867 N.E.2d 389 ; Matter of Professional, Clerical, Tech. Empls. Assn. [Buffalo Bd. of Educ.], 90 N.Y.2d 364, 372, 660 N.Y.S.2d 827, 683 N.E.2d 733 ). "However, a dispute between a public sector employer and an employee is only arbitrable if it satisfies a two-prong test" ( Matter of City of Yonkers v. Yonkers Fire Fighters, Local 628, IAFF, AFL–CIO, 153 A.D.3d at 617–618, 60 N.Y.S.3d 244 ; see Matter of County of Rockland v. Correction Officers Benevolent Assn. of Rockland County, Inc., 126 A.D.3d 694, 695, 5 N.Y.S.3d 197 ; Matter of Board of Educ. of Deer Park Union Free School Dist. v. Deer Park Teachers' Assn., 77 A.D.3d 747, 747–748, 909 N.Y.S.2d 738 ).

First, the court must determine whether there is any statutory, constitutional, or public policy prohibition against arbitrating the grievance (see Locust Val. Cent. Sch. Dist. v. Benstock, 144 A.D.3d 758, 41 N.Y.S.3d 241, citing Matter of County of Rockland v. Correction Officers Benevolent Assn. of Rockland County, Inc., 126 A.D.3d at 695, 5 N.Y.S.3d 197 ; Matter of Board of Educ. of Deer Park Union Free School Dist. v. Deer Park Teachers' Assn., 77 A.D.3d at 748, 909 N.Y.S.2d 738 ). "If there is no prohibition against the arbitration, the court must determine whether the parties agreed to arbitrate the particular dispute by examining their collective bargaining agreement" ( Matter of Incorporated Vil. of Floral Park v. Floral Park Police Benevolent Assn., 131 A.D.3d 1240, 1241, 17 N.Y.S.3d 463 ; see Matter of County of Rockland v. Correction Officers Benevolent Assn. of Rockland County, Inc., 126 A.D.3d at 695, 5 N.Y.S.3d 197, citing Matter of Board of Educ. of Deer Park Union Free School Dist. v. Deer Park Teachers' Assn., 77 A.D.3d at 748, 909 N.Y.S.2d 738 ). Here, the Board does not assert that arbitration of the YFT's grievance is prohibited by law or public policy.

"In analyzing whether the parties in fact agreed to arbitrate the particular dispute, a court ‘is merely to...