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A "reasonable relation" between the subject matter of a grievance and the subject matter of the collective bargaining agreement defeats a motion to stay arbitration

By Mitchell H. Rubinstein

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County of Greene v Civil Service Empl. Assn., 2009 NY Slip Op 31468(U), July 7, 2009, Supreme Court, Columbia County, Docket Number: 09-0669, Judge: Joseph C. Teresi [Not selected for official publication] Scott Moore, a CSEA member, tested positive for...

Full post as published by Adjunct Law Prof Blog on August 14, 2009 (boomark / email).

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A "reasonable relation" between the subject matter of a grievance and the subject matter of the CBA defeats a motion to stay arbitration

The arbitrator should determine if the issue raised in a demand for arbitration is subject to arbitration under the terms of the bargaining agreement

Court hold that the terms of a collective bargaining agreement permits employee organization to demand arbitration of a grievance on behalf of retiree

Broad arbitration clause precludes judicial interpretation of a collective bargaining agreement where public policy is not at issue

Only matters covered by a collective bargaining agreement are subject to adjudication through the contract grievance procedure

Stay of Labor Arbitration Denied

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