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SCH. DIST v. TEACHERS ASSN

45 N.Y.2d 411 (1978)

In the Matter of Port Washington Union Free School District, Appellant, v. Port Washington Teachers Association, Respondent. Port Washington Union Free School District, Respondent, v. Port Washington Teachers Association, Appellant.

Court of Appeals of the State of New York.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Jerome H. Ehrlich for appellant in the first above-entitled case.

David N. Stein and James R. Sandner for respondent in the first above-entitled case.

David N. Stein and James R. Sandner for appellant in the second above-entitled case.

Charles D. Maurer and Jerome H. Ehrlich for respondent in the second above-entitled case.

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

WACHTLER, J.

In both cases consolidated on this appeal the teachers associations demanded arbitration of related grievances covered by specific provisions of its collective bargaining agreement with the school district. Although an arbitrator would concededly be empowered to interpret those provisions of the contract, the school district commenced these proceedings to stay arbitration on the ground that the relief...

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