In re the Arbitration between Shenendehowa Central School District Board of Education & Civil Service Employees Ass'n

Kavanagh, J. (dissenting).

It is difficult to understand how, on the one hand, the majority can concede that petitioner had the option under the collective bargaining agreement (hereinafter CBA) to discharge respondent Cynthia DiDomenicantonio (hereinafter respondent) for failing a drug test and, on the other, conclude that petitioner violated the CBA when it chose that option and terminated her. These two positions, which are reflected in the arbitrator’s decision, appear to be incompatible with each other and do not support any rational analysis of the parties’ rights under the CBA.

Here, the…