In re the Arbitration between Civil Service Employees Ass'n & County of Niagara

I respectfully dissent and vote to vacate the arbitrator’s decision. While I concur that an arbitrator has broad discretion and believe that the determination as to timeliness is within that discretion (North Syracuse Cent. School Dist. v North Syracuse Educ. Assn., 45 NY2d 195), the determination that the title of stenographic secretary to the County Attorney comes within the collective bargaining agreement is irrational and should be vacated. There is simply no evidence to support that determination. The subject position is not specified on the agreed upon list of those titles to be within…