In re West Babylon Union v. West Babylon

5 Citing cases

  1. Mtr. of West Babylon U. v. West Babylon Teachers' Assn

    91 N.Y.2d 867 (N.Y. 1997)

    Decided December 1, 1997 Appeal from (2d Dept: 237 A.D.2d 615) APPEALS WITHDRAWN AND DISCONTINUED

  2. Matter of W. Babylon Un. Free Sch. v. Teachers' Assn

    90 N.Y.2d 806 (N.Y. 1997)

    Decided September 11, 1997 Appeal from 2d Dept: 237 A.D.2d 615 MOTIONS FOR LEAVE TO APPEAL

  3. Board of Education v. Hempstead Classroom Teachers Ass'n

    251 A.D.2d 502 (N.Y. App. Div. 1998)   Cited 1 times

    Ordered that the order is reversed, on the law, with costs, the petition is denied, and the cross application to confirm is granted. The arbitrator's conclusion that the termination of William Gray as a probationary teacher violated the subject collective bargaining agreement was entirely rational and did not constitute a rewriting of that agreement (see, Matter of Town of Callicoon [Civil Serv. Empls. Assn.], 70 N.Y.2d 907; Matter of Local Div. 1179 [Green Bus Lines], 50 N.Y.2d 1007; Matter of West Babylon Union Free School Dist. v. West Babylon Teachers' Assn., 237 A.D.2d 615; Matter of Dutchess Bldg. Renovations. v. Immerblum, 198 A.D.2d 413; Matter of East Ramapo Teachers Assn. v. East Ramapo Cent. School Dist., 191 A.D.2d 696). Moreover, the unsubstantiated assertion of the Board of Education of the Hempstead Union Free School District (hereinafter the Board) that the arbitrator erred as to the date upon which Gray's fourth year of probationary employment commenced provides no basis for vacatur, since it is axiomatic that "an arbitrator's award "will not be vacated for errors of law and fact committed by the arbitrator" (Matter of Sprinzen [Nomberg], 46 N.Y.2d 623, 629). The Board's contention that the award is violative of public policy is improperly raised for the first time on appeal (see, Matter of County of Suffolk v. Faculty Assn., 247 A.D.2d 472) and, in any event, is without "merit (see generally, Matter of Sprinzen [Nomberg], supra; Matter of Cohoes City School Dist. v. Cohoes Teachers Assn., 40 N.Y.2d 774; Board of Educ. v. Bellmore-Merrick U

  4. Matter of County of Westchester v. Alfonso

    244 A.D.2d 482 (N.Y. App. Div. 1997)   Cited 3 times

    Ordered that the judgment is affirmed insofar as appealed from, with costs. Upon our review of the record, we find that the Supreme Court properly refused to vacate the arbitrator's award of predetermination compensation benefits to Correction Officer Frank Alfonso. It is well settled that an arbitration award will not be set aside "unless it is violative of a strong public policy, is totally irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power" ( Matter of Town of Callicoon [Civil Serv. Empls. Assn.], 70 N.Y.2d 907, 909; see, Matter of West Babylon Union Free School Dist. v. West Babylon Teachers' Assn., 237 A.D.2d 615; Matter of Manhattan Bronx Surface Tr. Operating Auth. v. Transport Workers Union, 180 A.D.2d 798). Here, the record reveals that in 1993, the County of Westchester (hereinafter the County) and Westchester County Correction Officers Benevolent Association entered into a consent award in which the County agreed to pay any claimant who had stated a "prima facie" case, "correction Compensation Benefits until a hearing has been held and a determination has been rendered".

  5. Port Auth. of N.Y. & N. J. v. Union of Auto. Technicians

    2013 N.Y. Slip Op. 3194 (N.Y. Sup. Ct. 2013)

    In seeking to vacate or modify an award on the grounds, parties must demonstrate an arbitrator, or agency or person making the award exceeded his power or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made. CPLR 7511(b)(i)(iii): It is well settled that an arbitration award will not be set aside unless it is against public policy, totally irrational or against or in excess of the arbitrator's powers West Babylon Union Free School Dist. v. West Babylon Teachers Ass'n, 237 A.D.2d 615 [2nd Dept. 1997]. Here, Respondents filed a grievance on January 7, 2011 stating that Petitioner violated the Memorandum of Agreement when they "unilaterally acted to eliminate the number of free passages at Port Authority tunnel and bridge facilities and the free use of parking lots at Port Authority airports for bargaining unit employees who upon retirement from Port Authority service are eligible to carry this contractual benefit into retirement under the terms of the negotiated agreement in effect at the time of their retirement" (Verified Petition, ΒΆ 10).