Arbitration award granting relief to both active employeesand retired employees confirmedMatter of City of Buffalo (Buffalo Professional FirefightersAssn., IAFF Local 282), 2012 NY Slip Op 04527, Appellate Division,Fourth Department
The City of Buffalo modified the health insurance plan provided to members of in several negotiating units. The several unions representing City employees in those units filed a grievance withrespect to the modified plan, alleging that the modified plan violated their respectivecollective bargaining agreements (CBA).
An arbitrator issued an award finding that the City'sactions violated the relevant CBAs and awarded relief to both active membersand retired former members in the collective bargaining units that brought the grievances.
Buffalo filed an Article 75petition seeking to vacate the award to the extent that it granted relief tothe retirees.
The Appellate Division ruled that the arbitrator did notexceed his authority in fashioning an award that granted relief to the retired unit employees,explaining that the issue whether the unions had standing to represent retiredemployees formerly in their respective collective bargaining units was for the arbitrator to determine.
Significantly, the court noted that the record was devoidof any evidence that the elimination of health insurance options did not affectthe retirees such that the relevant unions would lack standing to represent them. Accordingly,the court held that Buffalo “failed to demonstrate that the arbitratorexceeded his authority.”
As to Buffalo’s argument that the arbitration award shouldbe vacated because it was "indefinite" as the arbitrator had grantedits request to delay implementation of the award until a related police unioncase completed the appeal process and thus was finalized, the Appellate Divisionsaid that it rejected the City’s theory, holding that "An award is subjectto vacatur as indefinite or nonfinal only if it leaves the parties unable todetermine their rights or obligations, if it does not resolve the controversysubmitted, or if it creates a new controversy."
The Appellate Division then confirmed the arbitration award.
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2012/2012_04527.htm
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