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MATTER OF NEW YORK CITY TRANSIT AUTH. v. TRANSP. WORKERS UNION OF AM., LOCAL 100, AFL-CIO

243 A.D.2d 567 (1997)

663 N.Y.S.2d 114

In the Matter of New York City Transit Authority, Respondent, v. Transport Workers Union of America, Local 100, AFL-CIO, et al., Appellants

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

October 14, 1997

Ordered that the judgment is affirmed, with costs.

The Supreme Court did not err in vacating that portion of the arbitration award which modified the penalty imposed by the petitioner upon an employee from dismissal to a time-served suspension. The employee's misconduct, which occurred while he was operating a subway train, clearly jeopardized the safety of the passengers. Directing the employee's reinstatement under such circumstances is contrary to public policy...

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