Matter of Levitt v. Board of Collective Bargaining, 48 N.Y.2d 669 (1979)

When a collective bargaining agreement contains an arbitration clause covering disputes over suspensions, courts must defer to arbitration for resolution of both procedural and substantive issues related to the suspension.

Summary

Levitt was suspended without pay based on a determination that his presence posed a danger or would interfere with operations, as per the collective bargaining agreement. Levitt challenged the suspension, but the Court of Appeals held that the dispute, including the determination of probable cause and procedural issues, was subject to arbitration. The court emphasized the importance of adhering to the bargained-for arbitration process, precluding judicial intervention on the merits of the suspension.

Facts

Levitt was suspended without pay. The basis for the suspension was a determination by the employer that Levitt’s continued presence on the job represented a potential danger to persons or property or would severely interfere with operations. The collective bargaining agreement between the parties contained provisions regarding suspension and arbitration.

Procedural History

Levitt challenged the suspension by commencing a legal proceeding. The lower courts’ decisions are not specified in the provided text, but the Court of Appeals reversed the Appellate Division’s order, dismissing the petition seeking reinstatement of salary and other benefits.

Issue(s)

Whether a public employee’s challenge to a suspension without pay, based on an alleged violation of a collective bargaining agreement, is subject to arbitration when the agreement’s arbitration clause covers disputes over suspensions and probable cause determinations.

Holding

Yes, because the collective bargaining agreement stipulated that probable cause determinations and procedural questions concerning suspension without pay were to be submitted to arbitration. Thus, judicial resolution on the merits of the dispute was foreclosed.

Court’s Reasoning

The Court of Appeals emphasized the binding nature of the collective bargaining agreement. The agreement specifically provided for arbitration of disputes related to suspensions, including the determination of probable cause. The court stated, “The contract further provided that the probable cause determination, as well as any procedural questions concerning suspension without pay, which would include whether there was in fact such a determination, was to be submitted to arbitration.” Citing prior cases like Matter of Wyandanch Union Free School Dist. v Wyandanch Teachers Assn., 48 NY2d 669 and Matter of Acting Supt. of Schools of Liverpool Cent. School Dist. [United Liverpool Faculty Assn.], 42 NY2d 509, the court reinforced the principle that disputes covered by arbitration clauses in collective bargaining agreements should be resolved through arbitration, not judicial intervention. The court’s decision underscores a policy of deference to bargained-for dispute resolution mechanisms in public sector employment.