Saturday, November 3, 2012
Addressing the employer’s challenge to an arbitration award, the Appellate Division determined that the arbitrator “properly found” there was no "emergency" within the meaning of the collective bargaining agreement [CBA] that justified bypassing the contract's terms regarding assignment of personnel.
Further, said the court, the award merely enforced the terms of the parties' CBA, which already addressed the public policy issues that the employer raised in this appeal.
The award in this case, said the court, was not "totally" irrational, nor did it violate public policy.
The Appellate Division explained that the arbitrator did not exceed her powers in making the award as the contract language relied upon by the employer “does not address the situation at issue in this matter.”
In addition, the court noted that the employer “itself requested relief that was not specified in the relevant contract language, and therefore cannot now be heard to say that the award exceeded the scope of the arbitrator's authority.”
Accordingly, the Appellate Division denied the employer's petition to vacate the arbitration award.
The decision is posted on the Internet at:
Reprinted by permission New York Public Personnel Law
Mitchell H. Rubinstein