November 19, 2018

Alleging misconduct by an arbitrator


Alleging misconduct by an arbitrator
Security Unit Employees v New York State Correctional Services, 36 AD2d 546

When must a party raise the issue of misconduct by an arbitrator as justification for vacating an arbitration award? If a party waits until the matter is before an appellate body before first raising the question, its apparently too late.

As the Court commented in the Security Unit Employees case, if a party wishes to vacate an arbitrator's award on the ground of misconduct by the arbitrator, the allegation may not be initially raised in the course of an appeal.

The Appellate Division refused to listen to such an allegation in the course of its consideration of the union's appeal seeking to vacate an arbitration award on the grounds of misconduct by the arbitrator.

The union also claimed that the arbitrator failed to issue the arbitration decision within "the contractual time limitation" for issuing awards.

The Appellate Division said that the "short delay" in issuing the award did not prejudice the union and declined to set aside the award for that reason.

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