# Long Island University Faculty Federation, Local 3998 v. Board of Trustees

> New York Court of Appeals · November 3, 1983 · 60 N.Y.2d 855

URL: https://www.frixlaw.com/law-library/cases/5535967

## Case

- **Full name:** In the Matter of Long Island University Faculty Federation, Local 3998, NYSUT, AFT, AFL-CIO v. Board of Trustees of Long Island University
- **Court:** New York Court of Appeals
- **Decided:** November 3, 1983
- **Citations:** 60 N.Y.2d 855; 470 N.Y.S.2d 140; 458 N.E.2d 381; 1983 N.Y. LEXIS 3520
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5535967

## Opinion text

OPINION OF THE COURT
Memorandum.
The order should be affirmed, with costs, for the reasons stated in the memorandum decision of the Appellate Division ( 91 AD2d 686 ). We also note that appellant’s contention that the arbitrator’s decision violates section 193 of the Labor Law is without merit. Although petitioner’s demand for arbitration sought “proper payment” of penalties by all full-time faculty as a remedy, the award of the arbitrator did not grant any remedy or direct respondent to proceed against nonstriking teachers. It stated only that “the grievance is granted.” Inasmuch as petitioner failed to object to this omission, it is held to have waived it. Accordingly, the award is limited to a declaration interpreting the terms of the agreement and does not permit monetary consequences in this or any future action.
Chief Judge Cooke and Judges Jasen, Jones, Meyer, Simons and Kaye concur; Judge Wachtler taking no part.
Order affirmed, with costs, in a memorandum.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5535967. Public record. Not legal advice.