Labor & Employment Law

Motion to vacate arbitration award because of alleged bias of the arbitrator rejected

By Harvey Randall, Esq.

Motion to vacate arbitration award because of alleged bias of the arbitrator rejected
Gregory Zrake v New York City Dept. of Education, 41 A.D.3d 118, Appellate Division, First Department [Motion for leave to appeal denied, 9 N.Y.3d 1001]

Gregory Zrake, public school teacher, was found guilty of charges of being unfit following a disciplinary hearing conducted pursuant to Education Law Section 3020-a. The penalty imposed by the arbitrator: termination.

Supreme Court Judge Marcy S. Friedman dismissed Zrake?s petition seeking to vacate the arbitration award and Zrake appealed.

Zrake contended that there was actual bias and misconduct on the part of the arbitrator and the appointing authority that tainted his right to administrative due process. The Appellate Division said that there was no ?clear and convincing evidence? to support Zrake?s allegation of bias or misconduct on the part of the arbitrator.

Further, said the court, the arbitrator?s association with another hearing officer who had presided over a prior unrelated hearing, was insufficient to demonstrate that the arbitrator was bias against Zrake. Such association did not constitute clear and convincing evidence of any alleged bias.

For the full text of the opinion, go to:

http://nypublicpersonnellawarchives.blogspot.com/2007/06/motion-to-vacate-arbitration-award.html

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