PUSTILNIK v. PREMIER HOME HEALTH CARE SERVS., INC.

155081/16. Appeal No. 15701-15701A. Case Nos. 2020-04767, 2020-04769.

204 A.D.3d 479 (2022)

164 N.Y.S.3d 446

2022 NY Slip Op 02374

Boris Pustilnik et al., Respondents, v. Premier Home Health Care Services, Inc., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 12, 2022.


Attorney(s) appearing for the Case

Bond, Schoeneck & King PLLC, New York ( Rebecca K. Kimura , of counsel) for appellant.

Virginia & Ambinder, LLP, New York ( LaDonna M. Lusher , of counsel) for respondents.

Concur—Renwick, J.P., Friedman, Moulton, Mendez, Pitt, JJ.


Article XXVI of the 2009 collective bargaining agreement (CBA) between plaintiffs' union and defendant employer mandated arbitration for a "grievance," defined as "a dispute arising ... concerning an alleged breach of a specific term of this agreement." Statutory wage claims such as those asserted by plaintiffs here arise independently of any collective bargaining agreement and are therefore not "grievances" as defined by the CBA, and thus are not subject to arbitration pursuant...

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