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Court rules CBA article providing that the question of the arbitrability of the issue is for the arbitrator to determine bars its intervention

Court rules CBA article providing that the question of the arbitrability of the issue is for the arbitrator to determine bars its intervention
Liverpool Pub. Lib. v Civil Serv. Employees Assn., Inc., Local 1000, Liverpool Pub. Lib. Unit of Onondaga Local 834, 2010 NY Slip Op 03667, Decided on April 30, 2010, Appellate Division, Fourth Department

CSEA filed a demand that a disciplinary grievance it filed on behalf of one of the employees in the collective bargaining unit. In response, Liverpool Public Library filed a petition pursuant to CPLR Article 75 seeking a permanent stay of arbitration, claiming that the grievance was not arbitrable.

Supreme Court denied the Library petition and the Appellate Division agreed with the lower court?s determination.

The Appellate Division said that although ?the question of arbitrability is generally one for judicial determination,? in this instance CSEA pointed out that the parties have "evinced a clear and unmistakable' agreement to arbitrate arbitrability as part of their alternative dispute resolution choice" in their collective bargaining agreement.

Article 7 of the collective bargaining agreement between the parties provided that in the event there is a dispute as to whether a grievance is subject to arbitration, "the Arbitrator shall be required . . . to rule upon the question of . . . arbitrability in advance of receiving evidence upon any other issue."

Finding that Article 8, ?the contract disciplinary grievance procedure,? incorporated by reference the provisions of Article 7, the Appellate Division ruled that the Supreme Court was correct in rejecting the Library?s petition to permanently stay CSEA's demand to submit the disciplinary decision to arbitration.

Implicit in the ruling is that in the event the Library maintains its position that its disciplinary decision is not arbitrable, it could present that issue to the arbitrator as a condition precedent to CSEA?s going forward with its demand for arbitration.

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2010/2010_03667.htm

Full post as published by New York Public Personnel Law on May 04, 2010 (boomark / email).