In re the Arbitration between State & United University Professions
Opinion of the Court
Appeal from an order of the Supreme Court (McDermott, J.), entered May 10, 1991 in Albany County, which, inter alia, denied petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award.
On this appeal, petitioner claims that the arbitrator exceeded her authority in determining that Brenda Shelton’s duties as an associate professor were greater than her halftime employment status in violation of the salary and benefit terms of the parties’ collective bargaining agreement. Petitioner notes that the agreement does not permit an arbitrator to "grant a continuing or permanent appointment” or to "substitute his/her judgment” where "provisions of this Agreement or the procedural steps of the Policies [of the Board of Trustees of the State University of New York] call for the exercise of [such] judgment”. The Policies of the Board of Trustees state that an employee’s "professional obligation * * * shall include teaching, research, University service and other duties”. Basically, petitioner claims that the arbitrator was substituting her judgment for that of college officials and that her decision also contravened Shelton’s "continuing employment” status.
We disagree. An arbitration award will not be vacated unless it violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitra
Mikoll, J. P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.
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