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MATTER OF NEW YORK CITY TR. AUTH. v. TRANSPORT WORKERS UNION OF AM., LOCAL 100

60 A.D.3d 1 (2008)

871 N.Y.S.2d 276

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

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

December 30, 2008.

Attorney(s) appearing for the Case

Gladstein Reif & Meginniss, LLP, New York City (Beth M. Margolis of counsel), for appellants.

Martin B. Schnabel, Brooklyn (Baimusa Kamara of counsel), for respondent.

DILLON and ANGIOLILLO, JJ., concur with MILLER, J.; McCARTHY, J., dissents and votes to reverse the judgment, on the law, deny the petition, and dismiss the proceeding in a separate opinion, in which SPOLZINO, J.P., concurs.

OPINION OF THE COURT

MILLER, J.

The issue presented in this proceeding is whether an arbitrator exceeded his authority within the meaning of CPLR 7511 (b) (1) (iii) when, in the context of a disciplinary arbitration arising under the parties' collective bargaining agreement (hereinafter the CBA), having found that an employee had committed the underlying offense charged by the employer, he reduced the employer's...

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