MTR. OF ASSOC. TCHRS. v. BD. OF EDUC.


40 A.D.2d 122 (1972)

In the Matter of Associated Teachers of Huntington, Inc., Respondent, v. Board of Education, Union Free School District No. 3, Town of Huntington, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 27, 1972.


Attorney(s) appearing for the Case

Joseph W. Campanella for appellant.

Kaplowitz & Galinson (Daniel Galinson of counsel), for respondent.

MUNDER and LATHAM, JJ., concur with SHAPIRO, J.; HOPKINS, J., dissents and votes to affirm the order and the judgment, with an opinion, in which RABIN, P. J., concurs.


SHAPIRO, J.

The issues before us are whether certain members of the petitioner (an association of teachers and other professional personnel employed by the appellant) had an enforceable contractual right to sabbatical leave prior to April 12, 1971 and, if not, whether the finding of an arbitrator that they had such a right was in excess of his powers and must therefore be vacated.

The collective bargaining...

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