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

Labor & Employment Law

: New York Public Personnel Law

Arbitration panel may retain jurisdiction of a matter it adjudicated indefinitely

Arbitration panel may retain jurisdiction of a matter it adjudicated indefinitely
Matter of Brisman v Hebrew Academy of Five Towns & Rockaway, 2010 NY Slip Op 01480, Decided on February 16, 2010, Appellate Division, Second Department

Nachum Brisman was terminated from his ?tenured teaching position? at the Hebrew Academy. He subsequently filed a petition pursuant to CPLR Article 75 with Supreme Court in an effort to confirm an arbitration award* that granted him reinstatement to his fomer teaching position with the Academy at an annual salary of $100,000, awarded him back contributions to his pension plan, and awarded him the sum of $50,000 in back salary.

The Academy contended that the award ?created a new contract? between itself and Brisman and cross-petitioned to vacate the award. Supreme Court granted the Academy?s petition and vacated the arbitration award. Brisman appealed.

The Appellate Division reversed the lower court?s ruling and confirmed the arbitration panel?s award. The court noted that the arbitration panel had found that Brisman had been [1] ?wrongfully terminated, without just cause;? [2] directed Brisman?s reinstatement with back salary; and [3] ruled that it would ?retain jurisdiction over the matter indefinitely.?

Noting that "An arbitration award can be vacated by a court pursuant to CPLR 7511(b) on only three narrow grounds, i.e., [1] if it is clearly violative of a strong public policy; [2] if it is totally or completely irrational, or [3] if it manifestly exceeds a specific, enumerated limitation on the arbitrators' power," the Appellate Division said that Supreme Court was incorrect in granting the Academy?s cross-petition.

Significantly, the Appellate Division commented that ?The panel's retention of jurisdiction [indefinitely] is not ?inextricably intertwined? with its reinstatement of [Brisman] to a tenured position with [the Academy] or with the provisions of the award referable to [Brisman?s] pension and salary.

* The parties had agreed to arbitrate the matter of Brisman termination in accordance with Jewish law and the rules of the Beth Din of America.

Full post as published by New York Public Personnel Law on February 25, 2010 (boomark / email).