MATTER OF CITIZENS CARE DAY CARE, INC. v. CMTY. & SOC AGENCY EMPLOYEES UNION, DIST. COUNCIL 1707 DAY CARE EMPLOYEES


57 A.D.2d 524 (1977)

In the Matter of Citizens Care Day Care, Inc., Appellant, v. Community and Social Agency Employees Union, District Council 1707 Day Care Employees, Respondent

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

April 14, 1977


We agree with Special Term that petitioner's participation in the proceedings before the arbitrator is a bar to the present application for a stay of arbitration. But, in any event, the dispute is clearly one covered by the arbitration clause. And the question whether respondent union complied with the grievance procedure steps contemplated by the contract preliminary to arbitration is one for the arbitrators. "Questions of timeliness and compliance with step-by-step grievance...

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