Opinion

Legislative Conference v. Board of Higher Education

38 A.D.2d 478
330 N.Y.S.2d 688
80 L.R.R.M. (BNA) 2340
1972 N.Y. App. Div. LEXIS 4964

Court: Appellate Division of the Supreme Court of the State of New York
Filed: Apr 11, 1972
Status: Published
Author: McNally
On the bench: Kupferman, McGivern, McNally
Cited by: 24 cases

The opinion

McNally, J. (concurring in result).

The collective bargaining agreement involved in the instant case does not permit an award granting tenure. Unlike Board of Educ. of Union Free School Dist. No. 3 of Town of Huntington v. Associated Teachers of Huntington (30 N Y 2d 122) the agreement expressly excludes the exercise of academic judgment by the arbitrator and limits his power to a remand for compliance with established procedures.

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