By: Kristy O'Malley//August 14, 2015
By: Kristy O'Malley//August 14, 2015//
Appellate Division, Fourth Department
Specificity of Limitation
Matter of Town of Scriba
Appealed from Supreme Court, Oswego County
Background: The respondent-petitioners appeal from an order granting the application of the petitioner-respondent to vacate an arbitration award. The arbitrator determined that although maintaining a commercial driver’s license was a minimum standard for employment, the terms of the collective bargaining agreement did not mandate the grievant’s discharge from employment upon forfeiture of his CDL, therefore the petitioner did not have just cause to terminate the grievant. The grievant was suspended without pay and he could be terminated if he did not regain a valid CDL by a date certain.
Ruling: The Appellate Division held that the arbitration award should be confirmed. The court noted that the arbitrator did not exceed his limitation on his authority. The CBA stated that if the dispute could not be satisfactorily resolved, the issue may be submitted to final and binding arbitration. There was no specific enumerated limitation on the arbitrator’s power.
Mairead E. Connor for the respondents-petitioners-appellants; Kevin C. Caraccioli of Caraccioli & Associates for the petitioner-respondent-respondent