MTR COHOES v. TEACHERS ASSN.


40 N.Y.2d 774 (1976)

In the Matter of Cohoes City School District, Respondent, v. Cohoes Teachers Association, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1976.


Attorney(s) appearing for the Case

Richard C. Heffern and Bernard F. Ashe, Albany, for appellant.

John J. Doherty, Jr., Cohoes, for respondent.

Robert B. Conklin and Robert M. Walker, Buffalo, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI and WACHTLER concur with Judge JONES; Judge COOKE dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.


JONES, J.

We hold that a board of education cannot relinquish its ultimate responsibility with respect to tenure determinations and that a provision of a collective bargaining agreement which would have that effect is unenforceable as against public policy.

In this case, Terrance Hagen having been first employed as a teacher in September, 1971 was terminated in June of 1974, at the end of his probationary...

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