In re the Arbitration between City of Norwich & City of Norwich Firefighters Ass'n, Local 1404

Crew III, J.P.

Appeal from an order and judgment of the Supreme Court (Rumsey, J.), entered December 27, 2006 in Chenango County, which granted petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award.

Petitioner and respondent are parties to a collective bargaining agreement (hereinafter CBA) which established the terms and conditions of employment of petitioner’s firefighters. At the time the CBA was established, petitioner employed two types of firefighters: firefighter and fire assistant. Fire assistants were part-time employees and covered the 12-hour night shift,…