Matter of New York City Tr. Auth. v. Local 100, Transp. Workers Union

Summary

The Appellate Division, First Department, unanimously affirmed an order vacating an arbitration award concerning an employee's pre-disciplinary suspension and denying the grievance. The court held that the arbitrator exceeded his authority by interpreting the collective bargaining agreement to require a hearing within 30 calendar days, contrary to the agreement's provision excluding weekends and holidays from time computations.

Holdings

1. The arbitrator exceeded his authority by rewriting the collective bargaining agreement to require a hearing within 30 calendar days, even though the agreement stated that non-working days were excluded from time computations unless otherwise specified.

Questions Presented

1. Whether the arbitrator exceeded the authority granted by the collective bargaining agreement and CPLR article 75 by interpreting the agreement to require a hearing within 30 calendar days before an employee on pre-disciplinary suspension was returned to the payroll.
2. Whether Supreme Court properly vacated the arbitration award and denied the grievance.

Disposition

affirmed