Bd. of Educ. of the Mineola Union Free Sch. Dist. v. Mineola Teachers Ass'n

104 A.D.3d 939

963 N.Y.S.2d 129

2013 N.Y. Slip Op. 02070

In the Matter of BOARD OF EDUCATION OF the MINEOLA UNION FREE SCHOOL DISTRICT, respondent,

v.MINEOLA TEACHERS ASSOCIATION, appellant.

Supreme Court, Appellate Division, Second Department, New York.

March 27, 2013.

David Schlachter, Uniondale, N.Y., for appellant.

Ingerman Smith, LLP, Hauppauge, N.Y. (John H. Gross of counsel), for respondent.

PETER B. SKELOS, J.P., JOHN M. LEVENTHAL, LEONARD B. AUSTIN, and SANDRA L. SGROI, JJ.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the Mineola Teachers Association appeals from an order of the Supreme Court, Nassau County (Woodard, J.), dated October 7, 2011, which granted the petition and denied its motion to compel arbitration.

ORDERED that the order is affirmed, with costs.

The collective bargaining agreement between the Mineola Union Free School District (hereinafter the School District) and the Mineola Teachers Association (hereinafter the Association) provided, inter alia, that members of the Association could receive up to five of the religious holidays designated by the New York State Commissioner of Education as paid days off, two of which would not be charged to any other leave (hereinafter the religious holidays provision). Although the New York State Commissioner of Education no longer designates religious holidays, the language of the religious holidays provision was not amended, and the School District continued to permit Association members who requested time off for religious observance to use the contractually-provided five days of the religious holidays provision. In October 2010, the School District advised the Association that it would no longer abide by the religious holidays provision because it was unconstitutional. The Association filed a grievance, which was denied, and then sought to invoke its contractual right to arbitration. The School District then commenced the instant proceeding pursuant to CPLR article 75 to permanently stay the arbitration, and the Association moved to compel arbitration. The Supreme Court granted the petition and denied the motion.

The first issue to be resolved when determining whether a dispute is subject to public sector employment arbitration is “whether the subject of the claim sought to be arbitrated is the type authorized by the Taylor Law (codified as Civil Service Law art. 14)” ( Matter of Blackburne [ Governor's Off. of Empl. Relations ], 87 N.Y.2d 660, 665, 642 N.Y.S.2d 160, 664 N.E.2d 1222;see Matter of Board of Educ. of Watertown City School Dist. [ Watertown Educ. Assn.], 93 N.Y.2d 132, 137–138, 688 N.Y.S.2d 463, 710 N.E.2d 1064;Matter of Mineola Union Free School Dist. v. Mineola Teachers' Assn., 37 A.D.3d 605, 830 N.Y.S.2d 289). “If a statute, decisional law or public policy precludes the governmental employer and employee from referring the dispute to arbitration, then the answer to this inquiry is no and the claim is not arbitrable” ( Matter of Blackburne [ goverNor's off. Of empl. relaTIons ], 87 n.y.2D AT 665, 665, 642 n.y.s.2D 160, 664 N.E.2d 1222;see Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [ United Liverpool Faculty Assn.], 42 N.Y.2d 509, 513, 399 N.Y.S.2d 189, 369 N.E.2d 746).

“There is no firmer or more settled principle of Establishment Clause jurisprudence than that prohibiting the use of the State's power to force one to profess a religious belief” ( Matter of Griffin v. Coughlin, 88 N.Y.2d 674, 686, 649 N.Y.S.2d 903, 673 N.E.2d 98,cert. denied519 U.S. 1054, 117 S.Ct. 681, 136 L.Ed.2d 607). Here, the clear wording of the religious holidays provision rewarded members of the Association who claimed to be religiously...