MATTER OF DUTCHESS COUNTY CHAPTER, DUTCHESS COUNTY, 54 N.Y.2d 738 (1981)

426 N.E.2d 488, 442 N.Y.S.2d 994

In the Matter of the Arbitration between DUTCHESS COUNTY CHAPTER, CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., Respondent, and DUTCHESS COUNTY et al., Appellants.

Court of Appeals of the State of New York.
Decided July 7, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department,

Page 739

JOSEPH D. QUINN, JR., J.

Page 740

Stephen J. Wing, County Attorney (Ian G. MacDonald of counsel), for appellants.

Michael J. Smith and Thomas D. Mahar, Jr., for respondent.

On summary consideration, order affirmed, with costs. Public policy does not preclude a Sheriff from agreeing to submit for resolution by arbitration questions as to whether assignments to a Deputy Sheriff violate provisions of their collective bargaining agreement concerning out-of-title work assignments. That being so the award of the arbitrator, involving an interpretation of a job description and not the creation or classification of a new position, does not offend public policy. In addition, we cannot say as a matter of law that the award is so irrational as to warrant vacatur.

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