In the Matter of the Arbitration Between Professional, Clerical, Technical Employees Association, Appellant, and…

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated two arbitrator awards requiring the Buffalo Board of Education to promote the highest‑scoring union members, holding that a collective bargaining agreement may lawfully limit the appointing authority’s discretion under Civil Service Law § 61 and that such limitation need not be expressly stated in the CBA if established by past practice.