The petitioner [Union] commenced this proceeding pursuant to CPLR Article 75 seeking to vacate a decision by Supreme Court that an arbitration opinion and award holding that the termination of one of its members was in accordance with the parties' collective bargaining agreement [CBA] with the employer [County] and Supreme Court's granting the County's cross-petition seeking to confirm the arbitrator's opinion and award.
Union had appealed Supreme Court's ruling, contending that Supreme Court was incorrect and that the arbitrator's opinion and award were irrational. In addition, Union argued that the arbitrator had exceeded his authority.
Citing Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72, the Appellate Division sustained Supreme Court's ruling, explaining that:
1. "An arbitration award may be vacated on three narrow grounds: 'it violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power';
2. "An award is irrational if there is no proof whatever to justify the award, noting the decision in Matter of Town of Greece Guardians' Club, Local 1170, Communication Workers of Am. [Town of Greece], 167 AD3d 1452);
3. "... in this instance the arbitrator's award was justified by the
language of the CBA, the CBA's reference to the rules for the Classified Civil
Service of the [County] and the parties' past practices," in effect rejecting the Union's claim that the opinion and award were irrational; and concluded that
4. "Contrary to [Union's] further contention, the arbitrator did not exceed his authority by effectively rewriting the CBA or ignoring its terms, and instead interpreted the existing terms of the CBA after finding the language of the CBA to be ambiguous."
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