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BD. OF EDUC. v. AMBACH

70 N.Y.2d 501 (1987)

In the Matter of Board of Education, Commack Union Free School District, Appellant, v. Gordon M. Ambach, as Commissioner of Education of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 19, 1987.

Attorney(s) appearing for the Case

Eugene L. Wishod and Robert H. Cohen for appellant.

Julius Blaushield for Joseph B. Margolin, respondent.

Kenneth Pawson and James H. Whitney for Gordon M. Ambach, respondent.

Norman H. Gross and Henry F. Sobota for the New York State School Boards Association, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

KAYE, J.

A teacher alleging breach of a provision of the collective bargaining agreement between the school district and the union, having exhausted the grievance process established by the agreement and claiming no breach of the union's duty of fair representation, cannot then petition the Commissioner of Education under Education Law § 310 for relief on that same grievance. The Commissioner's determination...

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