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NYC TR AUTH v. WORKERS' UNION

6 N.Y.3d 332 (2005)

845 N.E.2d 1243

812 N.Y.S.2d 413

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 December 20, 2005.

Attorney(s) appearing for the Case

Schwartz, Cure, Lichten & Bright, P.C., New York City (Arthur Z. Schwartz and Daniel R. Bright of counsel), for appellants.

Office of the General Counsel, New York City Transit Authority, Brooklyn (Robert K. Drinan and Martin B. Schnabel of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

G.B. SMITH, J.

The issue here is whether the arbitrator's award was properly vacated. We conclude that it was not and reverse the order of the Appellate Division.

On September 14, 2001, Franklin Woodruff, who had been employed by the Transit Authority for 22 years, returned to his job as a stock worker after an absence due to an on-the-job injury to his fingers, arm and shoulder. Woodruff was out of work from July 31 to September...

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