TR. AUTH. v. TRANSP. WORKERS


99 N.Y.2d 1 (2002)

780 N.E.2d 490

750 N.Y.S.2d 805

In the Matter of NEW YORK CITY TRANSIT AUTHORITY, Respondent, v. TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100, AFL-CIO, et al., Appellants. In the Matter of NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, v. TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100, AFL-CIO, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 10, 2002.


Attorney(s) appearing for the Case

Kennedy, Schwartz & Cure, P.C., New York City (Arthur Z. Schwartz and Elizabeth M. Pilecki of counsel), for appellants in the first and second above-entitled proceedings.

Richard Schoolman, Brooklyn, and David Boyle for respondent in the first and second above-entitled proceedings.

Michael A. Cardozo, Corporation Counsel, New York City (Alan Beckoff and Stephen J. McGrath of counsel), for City of New York in the first and second above-entitled proceedings, amicus curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

LEVINE, J.

We granted leave to appeal in these cases to consider whether the courts below properly vacated two arbitration awards as violative of public policy. Each award modified the penalty of dismissal imposed by respondent New York City Transit Authority (NYCTA) or its subsidiary, Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) for employees' violations of safety...

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