Arbitration award sustained as it was rational and did not violate public policy

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Arbitration award sustained as it was rational and did notviolate public policy
Addressing the employer’s challenge to an arbitration award,the Appellate Division determined that the arbitrator “properly found” there was no "emergency" within the meaning of the collectivebargaining agreement [CBA] that justified bypassing the contract's termsregarding assignment of personnel. 
Further, said the court, the award merelyenforced the terms of the parties' CBA, which already addressed the publicpolicy issues that the employer raised in this appeal.
The award in this case, said the court, was not "totally"irrational, nor did it violate public policy. 
The Appellate Division explained that the arbitrator did notexceed her powers in making the award as the contract language relied upon bythe employer “does not address the situation at issue in this matter.”
In addition, the court noted that the employer “itselfrequested relief that was not specified in the relevant contract language, andtherefore cannot now be heard to say that the award exceeded the scope of thearbitrator's authority.”

Accordingly, the Appellate Division denied the employer's petition to vacate the arbitration award.
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_06764.htm