MATTER OF DELAWARE VALLEY CENTRAL SCHOOL DISTRICT, 54 N.Y.2d 613 (1981)

425 N.E.2d 889, 442 N.Y.S.2d 501

In the Matter of the Arbitration between DELAWARE VALLEY CENTRAL SCHOOL DISTRICT, Respondent, and DELAWARE VALLEY FACULTY ASSOCIATION, Appellant. (And Three Other Proceedings.)

Court of Appeals of the State of New York.
Decided June 16, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT A. HARLEM, J.

Page 614

Bernard F. Ashe for appellant.

Edward J. Sarzynski for respondent.

On summary consideration, order reversed, with costs, and the applications to stay arbitration denied. It does not alter the classification of articles XXV(F), XXV(E) and III(A) as “substantive” provisions of the contract that their interpretation will determine the duration of the agreement to arbitrate. They are nonetheless “provisions of the agreement” other than the arbitration clause itself and as such are the proper subject of a grievance, and thus of arbitration within the explicit agreement of the parties. (Matter of Windsor Cent. School Dist. v Windsor Teachers Assn., 52 N.Y.2d 734.)

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

jdjungle