Legal Opinion

New York State Correctional Officers & Police Benevolent Ass'n v. State

New York Court of Appeals

Decided December 21, 1999PublishedCited by 172 opinions

1Opinion of the Court

OPINION OF THE COURT

Wesley, J.

The issue on this appeal by the State is whether an arbitral award reinstating a correctional officer should be vacated because it violates a well-defined and explicit public policy of this State. The parties concede that the grievance procedure here was the proper subject of arbitration, and do not question the power of the arbitrator to decide this proceeding and reinstate the employee. Furthermore, there is no explicit public policy of this State which proscribes the reinstatement of an employee following a not guilty determination of the charges lodged…

2Cases cited13 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
  3. W. R. Grace & Co. v. Local Union 759, International Union of the United Rubber, Cork, Linoleum & Plastic WorkersSupreme Court of the United States · 1983
  4. Waters v. ChurchillSupreme Court of the United States · 1994
  5. In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979

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3Cited by172 opinions

  1. Wien & Malkin LLP v. Helmsley-Spear, Inc.New York Court of Appeals · 2006
  2. United Federation of Teachers, Local 2 v. Board of EducationNew York Court of Appeals · 2003
  3. New York City Transit Authority v. Transport Workers' Union of AmericaNew York Court of Appeals · 2005
  4. New York City Transit Authority v. Transport Workers Union of America, Local 100New York Court of Appeals · 2002
  5. Schoonmaker v. Cummings & Lockwood of Connecticut, P.C.Supreme Court of Connecticut · 2000

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