MATTER OF BD. OF EDUC., WEST BABYLON UNION FREE SCH. DIST. v. WEST BABYLON TEACHERS ASS'N


60 A.D.2d 577 (1977)

In the Matter of Board of Education, West Babylon Union Free School District, Respondent, v. West Babylon Teachers Association, Appellant

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

December 5, 1977


Order affirmed, with $50 costs and disbursements.

We agree that the board of education's refusal to fill the vacant position of director of attendance is not arbitrable under the parties' collective bargaining agreement. There is no provision in the collective bargaining agreement dealing with the subject matter of this dispute, which is only a permissible, as opposed to a mandatory, subject of bargaining, except for one clause which sets forth the compensation of...

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