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Clear and unambiguous contract language trumps the arbitrator?s application of past practices in resolving a contract grievance

Clear and unambiguous contract language trumps the arbitrator?s application of past practices in resolving a contract grievance
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Matter of Good Samaritan Hospital v. Local 1199, 2010 NY Slip Op 00259, (2d Dept. Jan. 12, 2010), is an interesting case. It is a rare example where the vacatur of a labor arbitration was upheld. Why? Because the arbitrator did not give effect to an express provision of the collective bargaining agreement.

As the court explained:

Inasmuch as Article 9.4 of the collective bargaining agreement stated "[t]he Arbitrator shall have . . . no power to add to, subtract from, or modify in any way the terms of this Agreement," the arbitrator acted improperly in relying upon past practices so as to negate the express language of Article 32.8 of the collective bargaining agreement, which required McQuade to have been in her position of lead night nurse for at least six months before she could bid for a lateral transfer (see Matter of Sachem Cent. Teachers Assn. v Board of Educ. of Sachem Cent. School Dist., 227 AD2d 632; Matter of Rockland Community Coll. Fedn. of Teachers, Local 1871 v Rockland Community Coll., 207 AD2d 353; Fairview Fire Dist. v Fairview Professional Firefighters Assn., Local 1586, IAFF, AFL-CIO, 143 AD2d 727; cf. Matter of Village of Spring Val. v Policemen's Benevolent Assn. of Vil. of Spring Val., 271 AD2d 615; Matter of New York City Tr. Auth. v Patrolmen's Benevolent Assn. of N.Y. City Tr. Police Dept., 129 AD2d 708).

"[W]hen, as here, the language of the parties' agreement is clear and unambiguous, the arbitrator may not bypass the express contract provisions and rely instead on past practices" (Matter of Rockland Community Coll. Fedn. of Teachers, Local 1871 v Rockland Community Coll., 207 AD2d at 353).

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on March 08, 2010 (boomark / email).