The New York City Transit Authority [Respondent] terminated Plaintiff's employment as a bus operator because he failed to provide a urine sample for a drug test. The Plaintiff commenced a proceeding pursuant to CPLR Article 75 in an effort to vacate an arbitration award sustaining the Respondent's terminating Plaintiff's employment. The Supreme Court denied the petition, dismissed the proceeding and Plaintiff appealed.
The Appellate Division's decision noted:
1. The courts have limited power when reviewing an arbitration award, indicated an arbitrator "exceed[s] his [or her] power [within the meaning of the statute] where the ... award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power", citing Matter of New York City Tr. Auth. v Transport Workers' Union of Am., Local 100 AFL-CIO, 6 NY3d 332*;
2. "Even where an arbitrator has made an error of law or fact, courts generally may not disturb the arbitrator's decision", citing Matter of Falzone [New York Cent. Mut. Fire Ins. Co.], 15 NY3d 530; and
3. "A party seeking to overturn an arbitration award bears a heavy burden and must establish a ground for vacatur by clear and convincing evidence."
Observing that Plaintiff failed to establish by clear and convincing evidence that the arbitration award should be vacated, the Appellate Division opined that although the Plaintiff contended on appeal that the arbitration award was irrational, the arbitration award was supported by evidence in the record, and, thus, was not irrational.
The Appellate Division's conclusion: Supreme Court properly denied and dismissed Plaintiff's CPLR Article 75 petition.
* See, also, Matter of Kowaleski [New York State Dept. of Correctional
Servs.], 16 NY3d 85.
Click HERE to access the Appellate Division decision posted on the Internet.