MATTER OF DELAWARE VALLEY CENT. SCH. DIST.


54 N.Y.2d 613 (1981)

In the Matter of the Arbitration between Delaware Valley Central School District, Respondent, and Delaware Valley Faculty Association, Appellant. (And Three Other Proceedings.)

Court of Appeals of the State of New York.

Decided June 16, 1981.


Attorney(s) appearing for the Case

Bernard F. Ashe for appellant.

Edward J. Sarzynski for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


On summary consideration, order reversed, with costs, and the applications to stay arbitration denied. It does not alter the classification of articles XXV(F), XXV(E) and III(A) as "substantive" provisions of the contract that their interpretation will determine the duration of the agreement to arbitrate. They are nonetheless "provisions of the agreement" other than the arbitration clause itself and as such are the proper subject of a grievance, and thus of arbitration within...

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