Special Term concluded that in passing on respondent Shusterman's appeal to the Commissioner of Education, the latter acted arbitrarily in adopting, as his own, an arbitrator's award that the board of education had violated the parties' collective bargaining agreement respecting Shusterman's rate of pay, for the commissioner did not have before him the evidentiary material upon which the arbitrator had relied. We agree but add that since the bargaining agreement was not in...
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