Majority
A court may vacate an arbitration award on the ground that the arbitrator exceeded his power only where the arbitrator’s award violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator’s power (see Matter of New York City Tr. Auth. v Transport Workers Union of Am., Local 100, 14 NY3d 119 , 123 [2010]; Matter of New York City Tr. Auth. v Transport Workers’ Union of Am., Local 100, AFL-CIO, 6 NY3d 332 , 336 [2005]; see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board of Educ. of City School Dist. of City of N.Y., 1 NY3d 72 , 79 [2003]; Matter of Town of Callicoon [Civil Serv. Empls. Assn., Town of Callicoon Unit], 70 NY2d 907 , 909 [1987]).
As the Supreme Court properly determined, the arbitrator, in effect, revised, modified, and altered the parties’ agreement, which was specifically prohibited by the arbitrator’s powers defined in the parties’ collective bargaining agreement (see CPLR 7511 [b] [1] [iii]; Matter of Good Samaritan Hosp. v 1199 Natl. Health & Human Servs. Empls. Union, 69 AD3d 721 , 721-722 [2010]; Fairview Fire Dist. v Fairview Professional Firefighters Assn., Local 1586, IAFF, ALF-CIO, 143 AD2d 727 , 728 [1988]; Matter of Board of Educ. of N. Babylon Union Free
Cases cited
- New York City Transit Authority v. Transport Workers Union of America 14 NY3d 119 at 123 p. 922
- New York City Transit Authority v. Transport Workers' Union of America 6 NY3d 332 at 336 p. 922
- United Federation of Teachers, Local 2 v. Board of Education 1 NY3d 72 at 79 p. 922
- In re the Arbitration between Town of Callicoon & Civil Service Employees Ass'n 70 NY2d 907 at 909 p. 922
- Good Samaritan Hospital v. 1199 National Health & Human Services Employees Union 69 AD3d 721 at 721-722 p. 922
- Board of Education v. North Babylon Teachers' Organization 104 AD2d 594 at 597 p. 923