IN THE MATTER OF DISTRICT NO. 1-PCD v. APEX MARINE SHIP MANAGEMENT COMPANY, L.L.C.


8 A.D.3d 6 (2004)

777 N.Y.S.2d 300

In the Matter of DISTRICT No. 1-PCD, MARINE ENGINEERS' BENEFICIAL ASSOCIATION (AFL-CIO), et al., Appellants, v. APEX MARINE SHIP MANAGEMENT COMPANY, L.L.C., et al., Respondents.

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

June 1, 2004.


The arbitrator acted within the scope of her authority under the parties' collective bargaining agreement in deciding the issue of remedy. The award drew its essence from that agreement. This Court's prior decision (296 A.D.2d 32 [2002], lv denied 98 N.Y.2d 616 [2002]) did not stand for the proposition that respondent Mormac Marine Transport was required to reinstate petitioner Kirmon should an arbitrator find that he had not been...

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