Labor & Employment Law

Arbitrator?s ruling employee worked ?out-of-title? does not violate public policy

By Harvey Randall, Esq.

Arbitrator?s ruling employee worked ?out-of-title? does not violate public policy
Matter of County of Westchester v Edward Doyle, Jr., 43 A.D.3d 1055, Appellate Division, Second Department

Westchester County filed a CPLR Article 75 petition in an effort to vacate an arbitration award holding that one of employees had been working ?out-of-title? on the grounds that the award constituted a ?violation of public policy.? The Appellate Division disagreed, ruling that ?public policy was not violated here merely because the determination that the respondent William Leverance was working out-of-title was made by an arbitrator.?

Another issue involved in this action: what is the date from which interest on the addition compensation due the employee is payable?

The Appellate Division said, and the employee conceded, interest was to be paid from the date of the arbitration award, rather than from the date from which the employee was entitled to compensation for his performing out-of-title work.

Full post as published by New York Public Personnel Law on April 24, 2008 (boomark / email).