New York City v. Transport Workers Union of America

OPINION OF THE COURT

Miller, J.

The issue presented in this proceeding is whether an arbitrator exceeded his authority within the meaning of CPLR 7511 (b) (1) (iii) when, in the context of a disciplinary arbitration arising under the parties’ collective bargaining agreement (hereinafter the CBA), having found that an employee had commit*3ted the underlying offense charged by the employer, he reduced the employer’s penalty from dismissal to a reinstatement without back pay. Given the language of the relevant CBA provision, under the circumstances presented, we conclude that he did.

I

The petitioner,…