Petitioner brought this CPLR article 75 proceeding to vacate an arbitrator's award in favor of respondent on the ground that the arbitrator had exceeded the authority granted to him by the parties' collective bargaining agreement. Pursuant thereto, the arbitrator was empowered to determine only the issues of whether an employee's "misconduct or incompetence has been proven by a preponderance of the evidence and if the penalty was imposed in...
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