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The right to appeal an arbitration

The right to appeal an arbitration
Wilson v NYC Bd. of Ed., 261 AD2d 409

The Wilson decision illustrates a basic tenet to arbitration under a collective bargaining agreement: the ?owners? of the arbitration are the parties to the Taylor Law agreement. Those parties typically are the employer and the union.

The individual employee whom the grievance involves is not a party to the arbitration. Accordingly, the union has the right to decide whether to appeal an arbitration decision. The individual union member is not a party to the arbitration and lacks this right, as Nancy Wilson discovered.

Wilson was a teacher in New York City from 1984 until 1996, when the Board of Education decided to terminate her. Wilson?s union initiated a grievance proceeding on her behalf to challenge her termination. After the grievance was denied, the union filed a demand for arbitration as provided for in the collective bargaining agreement.

The arbitrator rejected the appeal, upholding the school board?s decision to terminate Wilson.

Wilson then filed a petition seeking to have the arbitrator?s award vacated pursuant to Section 7511 of the Civil Practice Law and Rules. The Appellate Division dismissed Wilson?s petition on the grounds that Wilson did not have any standing to challenge the arbitration award. The court noted that she was neither a ?party? to the collective bargaining agreement nor a ?party? to the arbitration.

Under the circumstances, ruled the court, only an employer or a union has standing to ask a court to vacate an arbitration award or have it confirmed. The employee involved cannot do this on his or her own behalf unless he or she is able to demonstrate that the union?s decision not to proceed was made in bad faith.
NYPPL

Full post as published by New York Public Personnel Law on October 28, 2010 (boomark / email).