Arbitration decision upheld regarding Transit Authority employee's termination
Matter of Transport Workers Union, Local 100 v New York City Transit Authority
An Article 75 appeal was brought about to vacate an arbitration award. The New York City Transit Authority then appeals from an order of the Supreme Court granting the petition and directing the reinstatement of Edward Miller to the position of track specialist with back pay and lost benefits.
Since there is a policy supporting arbitration and discouraging judicial interference with either the process or its outcome in this State, an arbitration award should not be vacated unless it violates a strong public policy, is irrational, or clearly exceeds the limitations of an arbitrator’s power. In this case, the arbitrator did not exceed her power nor was the award irrational. The award was consistent with the evidence provided, the federal regulations governing drug testing for transit employees, and the collective bargaining agreement between the parties.
Accordingly, the Court reversed the order, with costs, denied the petition to vacate the arbitration award, and dismissed the proceeding.
Matter of Transport Workers Union Local 100, v New York City Tr. Auth. (2008 NY Slip Op 09807)