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Vacating an arbitration award

Vacating an arbitration award
Matter of Board of Educ. of Amityville Union Free School Dist. v Amityville Teacher's Assn., 2009 NY Slip Op 04230, Decided on May 26, 2009, Appellate Division, Second Department

Complaining that the arbitrator's award was ?indefinite and nonfinal? when it directed that ?sixth grade teachers assigned a sixth teaching period? shall be paid at the "negotiated sixth period rate" of pay, the Board of Education asked the court to vacate the award.

The Appellate Division agreed that this portion of the arbitration award ?does not clearly define the applicable rate of pay under the award, thus creating a new controversy between the parties with respect thereto.?

The court vacated that portion of the award and remanded the matter to the arbitrator ?for a hearing and for a determination solely of that issue? ? i.e., the amount of the compensation to be paid a teacher assigned to teach a sixth teaching period.

Citing Meisels v Uhr, 79 NY2d 526, 536the Appellate Division ruled that an award is subject to vacatur as indefinite or nonfinal "only if it leaves the parties unable to determine their rights and obligations, if it does not resolve the controversy submitted, or if it creates a new controversy."

In contrast, the Appellate Division said that ?An award is final and definite if the computation of the award is so clear and specific that the determination of the amounts owing is merely an accounting calculation.?

In this instance, said the court, the provision in the award challenged by the school district ?does not clearly define the applicable rate of pay under the award, thus creating a new controversy between the parties? as to the proper amount of compensation due the educator assigned to teach a sixth teaching period.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_04230.htm

Full post as published by New York Public Personnel Law on June 01, 2009 (boomark / email).