MATTER OF BD OF EDUC. [MIDDLE ISLAND]


50 N.Y.2d 426 (1980)

In the Matter of the Arbitration between the Board of Education of Middle Island Central School District No. 12, Respondent, and Middle Island Teachers Association et al., Appellants.

Court of Appeals of the State of New York.

Decided May 29, 1980.


Attorney(s) appearing for the Case

James R. Sandner and Janis Levart Barquist for appellants.

John H. Gross for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion.


Per Curiam.

At issue is whether a probationary teacher, denied tenure for alleged professional incompetence in the performance of his nonclassroom duties, has a right to arbitrate alleged breaches of contract evaluation procedures specifically referable to classroom performance. The Appellate Division has stayed the arbitration noting that "the demand for arbitration avoids dealing with the fact that irrespective of...

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