New York City v. Transport Workers Union of America

McCarthy, J. (dissenting).

While I agree with the majority’s determination that the arbitrator sustained the assault charge, I must respectfully dissent from the majority’s determination to set aside that part of the arbitration award reducing the penalty against the subject employee from dismissal to reinstatement without back pay.

At the conclusion of a step process convened pursuant to the parties’ Collective Bargaining Agreement (hereinafter CBA), the petitioner, New York City Transit Authority (hereinafter TA), terminated the employee for having assaulted a customer in April 2006. The…