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Gaymon v. MTA Bus Co.
Citations: 117 A.D.3d 735; 985 N.Y.S.2d 137
Court: Appellate Division of the Supreme Court of the State of New York; May 7, 2014; New York; State Appellate Court
In a CPLR article 78 proceeding converted to CPLR article 75, the petitioner appealed an order from the Supreme Court, Kings County, which denied his petition to vacate an arbitration award and granted MTA Bus Co.'s (MTABC) cross-petition to confirm the award. The petitioner was dismissed from his position as a bus driver for violating MTABC’s cell-phone usage policy while operating a bus, having previously been suspended for similar violations. Following his termination, the union filed a grievance, leading to an arbitration hearing where the arbitrator upheld the termination, labeling the petitioner’s actions as a “cell phone violation.” The petitioner sought to vacate this arbitration award in April 2011, arguing it was irrational. Judicial review of arbitration awards is limited, with grounds for vacating an award under CPLR 7511 being violations of public policy, irrationality, or exceeding the arbitrator's authority. The court found the arbitrator’s decision rational, as the petitioner was aware of the policy and had a history of violations. Additionally, the court noted that the arbitrator's treatment of the petitioner compared to other drivers does not constitute a valid reason to vacate the award. Ultimately, the court affirmed the lower court’s order, confirming the arbitration award and upholding the termination of the petitioner.