Labor & Employment Law

Confirming an arbitrator's award

By Harvey Randall, Esq.

Confirming an arbitrator's award
CSEA v Nassau County, App. Div., Second Dept., 284 A.D.2d 532

CSEA filed an Article 75 action seeking to confirm an arbitrator's award holding that Nassau County had violated a Taylor Law contract clause dealing with maintaining safe working conditions. A State Supreme Court justice dismissed CSEA's motion and granted the County's cross motion to vacate the arbitrator's award. CSEA appealed.

The Appellate Division, Second Department overturned the lower court's ruling, commenting that it is well settled that an arbitration award "may not be vacated unless it is violative of a strong public policy, is totally irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power." The court held that the award was based upon the arbitrator's finding that Nassau had violated a provision of the collective bargaining agreement which required it to "provide and maintain safe and healthful working conditions" for its employees.

Thus, said the Appellate Division, the arbitrator did not exceed his powers in directing that Nassau correct the hazardous condition, nor was the arbitrator's award irrational or violative of public policy. Further, said the court, the arbitrator's award was sufficiently definite as to allow the parties to determine their rights and obligations as well as resolving the controversy submitted to the arbitrator.

Full post as published by New York Public Personnel Law on March 05, 2008 (boomark / email).