Tuesday, June 28, 2011

Standing to appeal an arbitration award


Standing to appeal an arbitration award
Moreira-Brown v New York City Bd. of Education, 288 AD2d 21

Herbert Moreira-Brown had filed a grievance, which was pursued through arbitration. Acting pro se [on his own behalf], he then attempted to (1) confirm an arbitration award pursuant to Section 7510 of the Civil Practice Law and Rules [CPLR] and (2) vacate a second arbitration award pursuant to Section 7511 of the CPLR. The Supreme Court dismissed both of his petitions and Moreira-Brown appealed.

The Appellate Division affirmed the lower court's determination, holding that Moreira-Brown did not have standing to seek either the confirmation of the first arbitration award or the vacating of the second award.

The court pointed out that the collective bargaining agreement between Board of Education and the Union provided that an employee's grievance could be submitted to arbitration by the union. As Moreira-Brown was represented by the union at the arbitration and he failed to show that the union breached its duty of fair representation, the court found that he did not have any standing to file these Article 75 petitions. The Appellate Division commented that “[t]he record establishes that the union vigorously represented [Moreira-Brown] and there is no evidence of bad faith on the part of the union” that would justify allowing him to maintain his action against the Board of Education and his union.

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