Board of Education v. O'Rourke

Weiss, J. (dissenting).

We fully concur with the majority determination insofar as it upholds the award as neither violative of public policy nor punitive. Nonetheless, under the factual circumstances presented, we agree with the School District’s contention that the monetary relief granted was gratuitous and thus constitutionally prohibited (see, NY Const, art VIII, § 1). An arbitrator unquestionably has very broad authority and may, where appropriate, award monetary damages even without a specific contractual authorization (see, Merrins v Honeoye Teachers Assn., 107 AD2d 184, 185-186; Matter…