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TEACHERS FEDN v. BD OF EDUC

1 N.Y.3d 72 (2003)

801 N.E.2d 827

769 N.Y.S.2d 451

In the Matter of UNITED FEDERATION OF TEACHERS, LOCAL 2, AFT, AFL-CIO, Appellant, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 2003.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan LLP, New York City (Charles G. Moerdler, Alan M. Klinger and Faith A. Kaminsky of counsel), James R. Sandner, Lena M. Ackerman and Carol L. Gerstl, for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Scott Shorr and Barry P. Schwartz of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

READ, J.

In this appeal we are asked whether an arbitrator acted properly when she determined that respondent Board of Education of the City of New York (the Board) arbitrarily selected teachers for an after-school reading program, and ordered the Board to provide a position to a qualified applicant whom the principal had passed over. We conclude that the award did not violate public policy...

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