As a rule, where the parties agreed to resolve disputes by submitting the issue to arbitration, courts typically have a "limited role" resolving the dispute. In the instant appeal, however, the Appellate Division observed that "Even with a limited role '[a] court may vacate an [arbitration] award when it violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on an arbitrator's power.'"
Two members of a County Sheriff's Department separately applied for personal leave, but their requests were denied due to operational needs. The Union filed a joint grievance on their behalf, and the matter proceeded to arbitration. The arbitrator found that the County had violated the applicable terms of the relevant collective bargaining agreement [CBA] and the County commenced a combined CPLR Article 75 proceeding and declaratory action seeking to vacate the arbitrator's award. Supreme Court vacated the arbitration award and the Union appealed.
Here the relevant collective bargaining agreement [CBA] provided that although an arbitrator's award was final, any party could seek judicial redress if "the arbitrator has varied the terms or illegally interpreted the terms of the bargaining agreement between the parties." §5.08 of the relevant CBA provided that "[t]he granting of a personal business day shall be at the discretion of the Sheriff ..., with the work of the [d]epartment taking priority."
In ruling against the County, the arbitrator found that the County's discretion was "not unlimited and must be exercised in a reasonable fashion" and concluded that §5.08 should be interpreted as "presum[ing] that a timely request for a personal leave day will be granted absent a showing that pressing and current [d]epartment needs exist that may take precedence over any such leave request" (emphasis in the decision). Further, the arbitrator found that "it is the County's burden to demonstrate that such a need exists and but for the denial of a personal leave day request, the [d]epartmental needs could not be met."
The Appellate Division opined that by construing §5.08 as presuming that leave "will be granted" unless a departmental need was shown, the arbitrator did not rationally interpret the CBA's provisions. While the arbitrator noted that the County did not have unfettered discretion to determine when a personal leave request should be granted, the Arbitrator's ruling did not define the limits of that discretion. The arbitrator, instead, eliminated any discretion on the part of the County and replaced it with a burden-shifting standard.
Inasmuch as that burden-shifting standard is not a rational construction of §5.08, the Appellate Division, citing Matter of Albany County Sheriffs Local 775 of N.Y. State Law Enforcement Officers Union, Dist. Council 82, AFSCME, AFL-CIO [County of Albany], 27 AD3d 979 and other decisions, concluded that the County's petition/complaint seeking vacatur of the arbitrator's award was correctly granted by Supreme Court.
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