Arbitrator’s ruling employee worked “out-of-title” does not violate public policy

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Arbitrator’s ruling employee worked “out-of-title” does notviolate public policy
County of Westchester v Edward Doyle, Jr., 43 AD3d 1055
Westchester County filed a CPLR Article 75 petition in aneffort to vacate an arbitration award holding that one of employees had beenworking “out-of-title” on the grounds that the award constituted a “violationof public policy.” The Appellate Division disagreed, ruling that “public policy was not violated here merelybecause the determination that the respondent William Leverance was workingout-of-title was made by an arbitrator.”
Another issue involved in this action: what is the date fromwhich interest on the addition compensation due the employee is payable?
The Appellate Division said, and the employee conceded,interest was to be paid from the date of the arbitration award, rather than fromthe date from which the employee was entitled to compensation for hisperforming out-of-title work.
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2007/2007_06874.htm