Opinion
No. 12–P–866.
2013-04-18
AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, COUNCIL 93, LOCAL 419, AFL–CIO v. SHERIFF OF SUFFOLK COUNTY.
By the Court (GRAINGER, BROWN & RUBIN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Upon review of the briefs and record appendix, and after oral argument, nothing has been made to appear to cause us to conclude that the judge could permissibly dismiss the union's complaint seeking confirmation of the favorable arbitration awards.
In sum, we conclude the awards, made in 2002 to 2004, requiring the employees be “made whole,” should have been confirmed.
On remand to the Superior Court, any issue of ambiguity, of course, is more properly addressed by the arbitrator, rather than determined by the court.
Judgment dismissing complaint vacated.