In re the Arbitration between Manhattan & Bronx Surface Transit Operating Authority & Transport Workers Union of America

Order unanimously reversed on the law without costs, petition granted and awards vacated. Memorandum: We conclude that Supreme Court should have granted the petition and vacated the arbitration award of Arbitrator Collins. Section 6.2 M (4) of the parties’ collective bargaining agreement (agreement) provides that "[a]n employee in the Operating Authority who has been continually absent without leave for a period of 20 days shall after written notice, be considered to have resigned”. The grievant was absent from work during an eight-month prison term in connection with the death by starvation…