Matter of Arbitration Between Prof., Clerical, Technical, Employees Assoc. v. Bd. of Ed, Buffalo City School District

APPELLATE DIVISION
FOURTH DEPARTMENT
Alternative Dispute Resolution

New York Law Journal

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Per Curiam

Buffalo City School District (District) appealed from an order granting petitioner, the negotiating representative for full-time, non-instructional staff employed by the District, vacatur of an arbitration award. The issue before the arbitrator was whether the District's selection process of filling two vacancies in a newly-created title violated the collective bargaining agreement (CBA) between petitioner and the District. The arbitrator concluded it did not finding the CBA afforded the supervisor the authority to assess the qualification of applicants and make the final decision on whom to appoint to the relevant position. The arbitrator disagreed with petitioner that seniority "trumped" a supervisor's discretion, noting seniority only applied if the supervisor's judgment found two or more equally qualified candidates. The unanimous panel agreed with the District that the Erie County Supreme Court erred in vacating the arbitration award as it was not irrational, nor did the arbitrator exceed a specific limitation of her authority. As such, the panel reversed and granted the cross-petition to confirm the arbitration award.

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