New York Court of Appeals
In the Matter of the Arbitration between City School District of the City of Poughkeepsie, and Poughkeepsie Public…
December 20, 197435 N.Y.2d 599
Summary
The Court affirmed the Appellate Division's decision, holding that the teacher's appeal under Education Law section 310 and the union's grievance arbitration may proceed concurrently without a waiver, and therefore the school board's petition for a stay of arbitration was denied. Justice Jasen dissented, arguing that the parallel proceedings constitute a waiver of the right to arbitrate.