Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Arbitration awards must be consistent with public policy

Arbitration awards must be consistent with public policy
Matter of Lawrence Teachers Assn. v Lawrence Pub. Schools 38 A.D.3d 779, Motion for leave to appeal denied, , 9 N.Y.3d 806

The Lawrence Teachers Association filed a CPLR Article 75 action seeking to confirm an arbitration award that directed the Lawrence Public Schools to designate members of the Association?s bargaining unit to perform special education services outside of the geographical boundaries of the school district in accordance with the terms of a ?stipulation? agreed to by the parties.

Supreme Court, Nassau County denied the Association?s petition and dismissed the proceeding. The Appellate Division affirmed the lower court?s ruling.

The Appellate Division said that requiring the School district to designate members of the bargaining unit represented by the Association for special education services delivered outside the District?s geographical boundaries ?was contrary to Education Law former §3602-c(2) in effect at the time of the alleged violations of the stipulation.? *

Finding that the arbitration award was contrary to well-defined statutory law, the Appellate Division held that it violated public policy and therefore was unenforceable.
Further, said the court, ?submitting the dispute to arbitration did not authorize the arbitrator to fashion an award which violated public policy.?

* Former §3602-c(2) required the School District to "contract with the school district in which the nonpublic school attended by the pupil is located, for the provision of services pursuant to this section.?

For the full text of the decision, go to:
http://www.nycourts.gov/reporter/3dseries/2007/2007_02560.htm

Full post as published by New York Public Personnel Law on August 27, 2009 (boomark / email).