Following its dismissal of a nurse's aide, petitioner instituted this proceeding to stay arbitration of the matter on the ground it had not agreed to do so in the collective bargaining agreement with her union, the respondent herein (see CPLR 7503, subd [b]). The basis for its application was a contract term providing that "During the first forty-five (45) working days of employment, all employees shall be considered as probationary employees and may be terminated by the...
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