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MATTER OF CITY OF NEW YORK v. LOCAL 1549 OF DIST. COUNCIL 37, AM. FED'N OF STATE, COUNTY & MUN. EMPLOYEES

248 A.D.2d 125 (1998)

669 N.Y.S.2d 559

In the Matter of City of New York, Respondent, v. Local 1549 of District Council 37, American Federation of State, County and Municipal Employees, et al., Appellants

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

March 3, 1998

The remedy fashioned by the arbitrator exceeded his power as delimited in the applicable provisions of the citywide collective bargaining agreement at issue. Pursuant to that agreement, the arbitrator was empowered only to order petitioner to follow a particular course of action to remedy a determined health and safety violation. Plainly, this carefully circumscribed grant of power did not authorize that portion of the arbitrator...

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