Article 75 petition to vacate arbitration in favor of PBA denied

Matter of Town of Wallkill Police Benevolent Association

This Article 75 proceeding was brought about to vacate an arbitration decision that the Town of Wallkill violated the collective bargaining agreement. The issue at hand was whether the Town of Wallkill violated the collective bargaining agreement between it and the Town of Wallkill Police Benevolent Association (PBA) by placing a Town police officer on modified duty and not permitting him to serve overtime following an incident in December 2003. The arbitrator found that the collective bargaining agreement was violated and ordered the police officer be returned to full duty and be compensated for the overtime he was denied. The Supreme Court agreed that vacating the arbitration award would not be warranted since it was not irrational nor did it violate a strong public policy.

Accordingly, the Court ordered the judgment affirmed, with costs.

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