Legislative Conference v. Board of Higher Education

McNally, J. (concurring in result).

The collective bargaining agreement involved in the instant case does not permit an award granting tenure. Unlike Board of Educ. of Union Free School Dist. No. 3 of Town of Huntington v. Associated Teachers of Huntington (30 N Y 2d 122) the agreement expressly excludes the exercise of academic judgment by the arbitrator and limits his power to a remand for compliance with established procedures.