Opinion
2012-09-11
In the Matter of ASSET PROTECTION & SECURITY SERVICES, LP, Respondent, v. SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 200 UNITED, Appellant.
Drew Blanton, Rochester, for appellant. Anspach Meeks Ellenberger, LLP, Buffalo (Steven E. Carr and Matthew K. Pelkey of counsel), for respondent.
Drew Blanton, Rochester, for appellant. Anspach Meeks Ellenberger, LLP, Buffalo (Steven E. Carr and Matthew K. Pelkey of counsel), for respondent.
MEMORANDUM:
The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the petition to vacate the arbitrator's award dismissed, and the cross petition to confirm the arbitrator's award granted in the entirety.
Petitioner failed to meet its heavy burden to establish that the arbitrator exceeded his authority by ordering petitioner to reinstate grievant Kristin Osterman with back pay ( seeCPLR 7511[b]; North Syracuse Cent. School Dist. v. North Syracuse Educ. Assn., 45 N.Y.2d 195, 200, 408 N.Y.S.2d 64, 379 N.E.2d 1193 [1978] ). Although the collective bargaining agreement between the parties limits an arbitrator's authority to award lost wages where an employee is “placed on unpaid administrative leave or suspended during an investigation mandated by [the Bureau of Immigration and Customs Enforcement] for an employee action,” petitioner failed to establish that the circumstances of grievant's termination fell within the terms of that provision. Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs, petition to vacate the arbitration award dismissed, and cross petition to confirm the arbitration award granted in the entirety, in a memorandum.