An arbitrator’s power to issue an arbitration award is limited to those powers set out in the collective bargaining agreement

An arbitrator’s power to issue an arbitration award is limited to those powers set out in the collective bargaining agreement

Matter of Matter of County of Putnam v Putnam County Sheriff's Employees Assn., Inc., 2011 NY Slip Op 09320, Appellate Division, Second Department

In this CPLR Article 75 action the County asked Supreme Court to vacate an arbitration award. The Sheriff’s Employees Association, on the other hand, cross-petition the court to confirm the award. 

Supreme Court granted the County’s Petition and the Association appealed.

The Appellate Division said that “A court may vacate an arbitration award on the ground that the arbitrator exceeded his power only where the arbitrator's award violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power.”

Here, said the Appellate Division, Supreme Court properly found that the arbitrator, in effect, “revised, modified, and altered the parties' agreement, which was specifically prohibited by the arbitrator's powers defined in the parties' collective bargaining agreement.”

Thus, ruled the court, Supreme Court properly granted the County’s petition to vacate the award and denied the Association’s cross motion to confirm the award.

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2011/2011_09320.htm

A notice of claim served on a public entity must set out the basis for the claim sufficient for it to investigate the claim

A notice of claim served on a public entity must set out the basis for the claim sufficient for it to investigate the claim

Miller v City of New York, 2011 NY Slip Op 08495, Appellate Division, First Department

In cases where the conduct complained encompasses a New York City Department of Education’s employee’s scope of his or her public employment, a notice of claim in accordance with Education Law § 3813[2] and General Municipal Law § 50-i is required as a condition precedent to commencing an action against the employee of the New York City Department of Education [DOE].

In an action that, in effect, claimed a tortious interference with contractual rights, the Appellate Division that Adam Miller did, in fact, filed a notice of claim which described in detail the time, place and manner of the conduct by DOE’s employee that allegedly interfered with his tenure rights and continued employment with the DOE, as well as his ability to enter into employment with other schools.

Citing DeLeonibus v Scognamillo, 183 AD2d 697, the Appellate Division said that although Miller had not used the words "tortious interference with contract," a notice of claim does not have to set forth a precise legal theory of recovery.

All that is required is that the notice of claim described in “sufficient detail the time, place and manner of the occurrence and a plaintiff's damages to advise the City of the basis for the claim so as to provide it with an opportunity to investigate” the allegations.

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2011/2011_08495.htm

Court sets Taylor Law arbitration guidelines

Court sets Taylor Law arbitration guidelines

Board of Education v. West Babylon Teachers’ Association, 52 NY2d 1002

The Court of Appeals has set a number of guidelines concerning arbitration under the Taylor Law.

In Board of Education v. West Babylon Teachers’ Association the court indicated that a stay of arbitration would not be granted where the arbitration would not violate strong public policy and the provisions of the collective bargaining agreement are sufficiently broad and unambiguous as to encompass the subject matter of the dispute.

A stay is appropriate only where the disputed issue falls outside the contract’s arbitration provision or where arbitration would violate public policy (i.e., tenure decisions) and it is for the arbitrator to interpret the substantive provisions of the agreement regarding arbitration.

The case involved the abolition of several positions and a driver education program.

PERB determinations

PERB determinations

     Police Union demand that employer match an employee’s purchase of U. S. Savings Bonds is a mandatory item of negotiations. Spring Valley PBA v. Village of Spring Valley, Case U-4856.

     Involuntary transfer of teacher to another school at the request of the principal following the denial of her grievance by the principal because the teacher complained to the principal’s superiors held to be a violation of the teacher’s statutory right to file a grievance. Elmira School District v. Benson, Case U-4426; 4427.

     BOCES could establish a layoff policy based on an employee’s qualifications and performance, with seniority used only as a tiebreaker. In the Matter of Nassau County BOCES, Case U-4441. (The employees involved were in the non-competitive class and not subject to Civil Service Law layoff provisions).

     Union’s refusal to sign a final agreement which reflected the provisions of the tentative agreement was improper and in violation of Section 209-a of the Civil Service Law. N.Y. State Nurses Association v. Onondaga County, Case U-4807.

     “Job security” is not a term and condition of employment and therefore not a mandatory subject of negotiations. Spencerport Transportation Authority v. PERB, Appellate Division, 4th Department, 1981.