New York City Transit Authority v. Patrolmen's Benevolent Ass'n

Brown, J. P.,

dissents and votes to reverse the judgment appealed from, deny the petition and to grant the cross petition to confirm the arbitration award, with the following memorandum: Contrary to the view expressed by Special Term and my colleagues in the majority, I conclude that the arbitrator did not act in excess of his powers in determining that the petitioner’s unilateral change in the duty chart for the City Wide Patrol Services Unit constituted a violation of the collective bargaining agreement between the petitioner and the appellant.

The City Wide Patrol Services Unit is a…