New York Court of Appeals
In the Matter of Board of Education, Commack Union Free School District, Appellant v. Gordon M. Ambach, as…
November 19, 198770 N.Y.2d 501
Summary
The New York Court of Appeals held that a teacher who has exhausted the grievance procedure provided in a collective bargaining agreement and has not shown a breach of the union's duty of fair representation may not petition the Commissioner of Education under Education Law § 310 for relief on the same grievance; consequently the Commissioner’s determination was annulled.