MATTER OF MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


227 A.D.2d 995 (1996)

644 N.Y.S.2d 116

In the Matter of the Arbitration between Manhattan and Bronx Surface Transit Operating Authority, Appellant, and Transport Workers Union of America, Afl-Cio, Local 100, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 31, 1996


Order unanimously reversed on the law without costs, petition granted and awards vacated.

Memorandum:

We conclude that Supreme Court should have granted the petition and vacated the arbitration award of Arbitrator Collins. Section 6.2 M (4) of the parties' collective bargaining agreement (agreement) provides that "[a]n employee in the Operating Authority who has been continually absent without leave for a period of 20 days shall after written notice, be considered...

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