54 A.D.2d 1055 | N.Y. App. Div. | 1976
Appeal from an order and judgment of the Supreme Court at Special Term, entered August 1, 1975 in Broome County, which denied an application by petitioner to set aside and vacate an arbitrator’s award rendered in a labor dispute, confirmed the award, and remitted the matter for further testimony. The collective bargaining agreement between the parties provides, inter alia, that "No employee shall be discharged except for just cause.” The agreement also sets forth a procedure for resolving disputes between the union and the employer by arbitration. Following the discharge of Robert T. Lewis, a laborer employed by Murray Walter, Inc., a grievance was filed claiming that he was improperly terminated, and when efforts to resolve the dispute were unsuccessful, the matter was submitted to arbitration. By agreement of the parties, the following questions were submitted for determination of the arbitrator: (1) "Was the discharge of Robert T. Lewis by the company on February 7, 1974 without just cause?”. (2) "If yes, what should be the remedy?”. The arbitrator rendered a written decision after a hearing, holding that the discharge was without just cause, but that