ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

December 01, 2017

Challenging an arbitration award


Challenging an arbitration award
2017 NY Slip Op 08382, Appellate Division, Second Department

A county employee [Petitioner] was served with disciplinary charges alleging misconduct for accessing unauthorized websites for non-County use and acting in an immoral manner during working hours, including viewing inappropriate material of a sexually explicit nature. Following a disciplinary hearing on these charges, the arbitrator found Petitioner guilty of misconduct and imposed a penalty of termination. Petitioner then initiated a CPLR Article 75 proceeding seeking to vacate the arbitration award.

Supreme Court dismissed the proceeding and confirmed the award. The Appellate Division sustained the lower courts ruling, explaining that judicial review of an arbitrator's award is extremely limited and the party seeking to vacate an arbitration award "bears a heavy burden[,]' and must establish a ground for vacatur by clear and convincing evidence."

Article 75 of the CPLR provides that an arbitration award may be vacated if the court finds that the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award; (2) partiality of an arbitrator; (3) the arbitrator exceeded his or her power; or (4) the arbitrator failed to follow the procedures mandated by Article 75.

In addition, in Matter of New York City Tr. Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332, the Court of Appeals held that an arbitration award may be vacated by the court if it finds that arbitrator's award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power.

Finding that in Petitioner's case the arbitrator's determination was supported by evidence in the record, that nothing in the record indicates that the arbitrator exceeded a specifically enumerated limitation on the arbitrator's powers and that the arbitrator's decision was not irrational, the Appellate Division dismissed Petitioner's challenge to the Supreme Court's decision.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_08382.htm

_________________________

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more information click on http://booklocker.com/books/5215.html
_________________________ 


CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.