Labor & Employment Law

Arbitrator?s misconduct must be demonstrated by clear and convincing proof

Arbitrator?s misconduct must be demonstrated by clear and convincing proof
Matter of David Moran v New York City Tr. Auth., 45 A.D.3d 484, Appellate Division, First Department

The Appellate Division, First Department, ruled that David Moran failed to meet the heavy burden placed on a party seeking to vacate an arbitrator?s award based on allegations of misconduct on the part of the arbitrator.

Moran contended that the arbitrator fell asleep during critical portions of the proceeding and had engaged in an ex parte communication with one of the parties. The court said that these allegations were ?unsupported by any evidence.?

In addition, said the court, Moran failed to demonstrate that the arbitrator?s refusal to allow his lawyer to question the complainant as to any medication she may have been taking or to compel her to produce her diary resulted in the exclusion of material evidence.

Moran also raised an issue concerning the arbitrator?s determination of his credibility based on his demeanor at the arbitration. Such a determination by the arbitrator, said the court, is beyond judicial review.

Full post as published by New York Public Personnel Law on May 13, 2008 (boomark / email).