Opinion
March 16, 1995
Appeal from the Supreme Court, New York County (William J. Davis, J.).
Petitioner lacks standing to move to vacate the arbitrator's award, since he is not a party to the collective bargaining agreement which provides in pertinent part that all Union claims, such as petitioner's, be brought by the Union alone. (Compare, Matter of Diaz v. Pilgrim State Psychiatric Ctr., 62 N.Y.2d 693.) Petitioner has not produced evidence that he has the consent of the Union to appeal the award (Collective Bargaining Agreement, art VII, para 8), nor has he alleged that the Union breached its duty of fair representation or that the employer refused to follow the grievance procedures in the Collective Bargaining Agreement (Vaca v. Sipes, 386 U.S. 171).
Concur — Murphy, P.J., Rosenberger, Rubin, Ross and Tom, JJ.