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Basis for vacating or modifying an arbitrator?s disciplinary arbitration award limited

Basis for vacating or modifying an arbitrator?s disciplinary arbitration award limited
Matter of Board of Educ. of William Floyd Union Free School Dist. v Lemay, 2009 NY Slip Op 02358, Decided on March 24, 2009, Appellate Division, Second Department

The William Floyd Union Free School District attempted to vacate an arbitrator?s award promulgated pursuant to Section 3020-a(5) of the Education Law.

The arbitrator had sustained certain disciplinary charges filed against Gary Lemay and imposed a penalty of suspension for six months without pay. Supreme Court, Suffolk County, confirmed the arbitrator?s award and dismissed the district?s petition.

The Appellate Division affirmed the lower court?s ruling, noting that the school district had not demonstrate any basis for vacating the determination under the Civil Practice Law and Rules Section 7511.

Section 7511 provides that the only basis for vacating an arbitrator?s award with respect to a party that participated in the arbitration are:

1. Corruption, fraud or misconduct in procuring the award; or

2. Partiality of an arbitrator appointed as a neutral, except where the award was by confession; or

3. The arbitrator making the award exceeded his or her power or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made; or

4. The failure to follow the procedures set out in CPLR Article 75 [unless the party applying to vacate the award continued with the arbitration with notice of the defect and without objection.]

In addition to these statutory standards, courts have granted a motion to vacate an arbitrator?s award based on a finding that the award violates ?strong public policy? [see, for example, Ford v Civil Service Employees Association, 94 AD2d 262].

An arbitrator?s award may be modified based on a court?s finding that there was a miscalculation of figures or a mistake in the description of any person, thing or property referred to in the award, if the arbitrator made an awarded concerning a matter not submitted to arbitration and the award may be corrected without affecting the merits of the decision upon the issues submitted, or the arbitration award is imperfect in a matter of form, not affecting the merits of the controversy.

The text of the decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_02358.htm

Full post as published by New York Public Personnel Law on March 31, 2009 (boomark / email).