In re the Arbitration between Shenendehowa Central School District Board of Education & Civil Service Employees Ass'n
In re the Arbitration between Shenendehowa Central School District Board of Education & Civil Service Employees Ass'n
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Grievant school bus driver, in her tenth year of employment, tested positive for marijuana after a random drug test. As a result, the School District terminated her employment and respondent union filed a grievance on her behalf. The parties agreed to arbitrate whether grievant’s termination was a violation of the parties’ collective bargaining agreement and, if so, the appropriate remedy. The arbitrator concluded that the School District had violated the agreement and that the penalty of discharge was too severe. He then directed the School District to reinstate grievant without back pay,
We have recognized “three narrow grounds that may form the basis for vacating an arbitrator’s award—that it violates public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator’s power” (Matter of New York City Tr. Auth. v Transport Workers Union of Am., Local 100, 14 NY3d 119, 123 [2010] [citations and internal quotation marks omitted]). None of these grounds has been established here.
The arbitrator’s decision did not exceed a specific limitation on his power; nor was it irrational. Rather, he determined that, contrary to the School District’s argument, the parties’ agreement
Chief Judge Lippman and Judges Graffeo, Read, Smith and Pigott concur; Judge Rivera taking no part.
Order affirmed, with costs, in a memorandum.
This effectively imposed, at that time, a six-month unpaid suspension.
Reference
- Full Case Name
- In the Matter of the Arbitration between Shenendehowa Central School District Board of Education, and Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Local 864
- Cited By
- 12 cases
- Status
- Published