# Hempstead Classroom Teachers Ass'n v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · July 15, 1985 · 112 A.D.2d 267

URL: https://www.frixlaw.com/law-library/cases/5879044

## Case

- **Full name:** Hempstead Classroom Teachers Association v. Board of Education of the Hempstead Public School District
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 15, 1985
- **Citations:** 112 A.D.2d 267; 491 N.Y.S.2d 716; 1985 N.Y. App. Div. LEXIS 56066
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 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/5879044

## Opinion text

In an action, inter alia, to recover damages for breach of a collective bargaining agreement, plaintiffs appeal from an order of the Supreme Court, Nassau County (Roncallo, J.), dated September 20, 1984, which granted defendant’s motion to dismiss the amended complaint pursuant to CPLR 3211 (a) (5) upon the ground that the action could not be maintained because of "arbitration and award”.
Order reversed, with costs, and motion denied.
After pursuing a grievance through the first three levels of the grievance machinery provided by their collective bargaining agreement with defendant, plaintiffs proceeded to the last step, which provided for advisory arbitration. Defendant rejected the arbitrator’s recommendation, whereupon plaintiffs brought this action, inter alia, to recover damages for breach of the collective bargaining agreement.
Defendant’s contention that the grievance procedure is plaintiffs’ sole remedy is without merit in the absence of clear language in the collective bargaining agreement which would bar them from maintaining this action (Matter of Riverdale Fabrics Corp. [Tillinghast-Stiles Co.], 306 NY 288, 289 ; Nassau Ch. of Civ. Serv. Employees Assn. v County of Nassau, 84 AD2d 784 ). Hence, Special Term erred in granting defendant’s motion to dismiss the amended complaint on the ground of "arbitration and award”. Lazer, J. P., Gibbons, Thompson and Kunzeman, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5879044. Public record. Not legal advice.