Social Service Employees Union, Local 371 v. City of New York Office of Labor Relations

Appellate Division of the Supreme Court of New York

Social Service Employees Union, Local 371 v. City of New York Office of Labor Relations

235 A.D.2d 374, 652 N.Y.S.2d 979, 1997 N.Y. App. Div. LEXIS 732

Appellate Division of the Supreme Court of the State of New York·Decided January 30, 1997·Published

Opinion

Order and judgment (one paper), Supreme Court, New York County (Herman Cahn, J.), entered June 7, 1995, and judgment, same court (Karla Moskowitz, J.), entered October 30, 1995, which, inter alia, denied applications to confirm arbitration awards of back pay to petitioner union’s grievant members for the period they began out-of-title work until they filed their respective grievances, unanimously affirmed, without costs.

The arbitration clause of the collective bargaining agreement between petitioner union and respondent employer specifically precludes monetary award covering any period prior to the filing of a grievance. The arbitrators, therefore, exceeded their authority in granting such relief to the grievants (Matter of Local 345 of Retail Store Empls. Union [Heinrich Motors], 63 NY2d 985). Concur—Sullivan, J. P., Rosenberger, Wallach and Williams, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order and judgment (one paper), Supreme Court, New York County (Herman Cahn, J.), entered June 7, 1995, and judgment, same court (Karla Moskowitz, J.), entered October 30, 1995, which, inter alia, denied applications to confirm arbitration awards of back pay to petitioner union’s grievant members for the period they began out-of-title work until they filed their respective grievances, unanimously affirmed, without costs.

The arbitration clause of the collective bargaining agreement between petitioner union and respondent employer specifically precludes monetary award covering any period prior to the filing of a grievance. The arbitrators, therefore, exceeded their authority in granting such relief to the grievants (Matter of Local 345 of Retail Store Empls. Union [Heinrich Motors], 63 NY2d 985). Concur—Sullivan, J. P., Rosenberger, Wallach and Williams, JJ.

Social Service Employees Union, Local 371 v. City of New York Office of Labor Relations, 235 A.D.2d 374, 652 N.Y.S.2d 979, 1997 N.Y. App. Div. LEXIS 732 (N.Y. Ct. App. 1997).

Pincite

235 A.D.2d 374 (Social Service Employees Union, Local 371 v. City of New York Office of Labor Relations) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related