8 A.D.2d 130 | N.Y. App. Div. | 1959
Special Term set aside an arbitration award rendered under a labor-management collective bargaining-agreement. In doing so it accepted the argument of the employer that the arbitrator’s award rested on a “ perverse misconstruction” of the testimonial and documentary proof submitted on the arbitration hearing.
Involved in the arbitration was the interpretation of the clause in the collective agreement allowing to employees specified holidays with pay. The union demanded such pay for holidays for nonworking days,' such as Saturday, even though the holiday was not celebrated on any following Monday. The employer submitted proof of prior negotiations and draft contracts which showed that the employer had successfully excluded from the final draft an express provision to that effect. The award, nevertheless, allowed such payment, in an extended opinion on the construction of contractual documents.
The statute (Civ. Prac. Act, § 1462) prescribes the bases on which an award may be vacated and none of them empowers the court to review the determination, as such, of the arbitrator. Indeed, once referred to him, all questions of fact and of law are within the judicially unreviewable purview of the arbitrator (Matter of Wilkins, 169 N. Y. 494; Matter of Weiner Co. [Freund Co.], 2 A D 2d 341, 343, affd. 3 N Y 2d 806; Matter of Spectrum Fabrics Corp. [Main St. Fashions], 285 App. Div. 710, 714, affd. 309 N. Y. 709).
True, in Matter of Wilkins the court referred to ‘1 perverse misconstruction” as a ground for vacating an arbitration award, but this language was preceded by the general statement (p. 496) that, “Where the merits of a controversy are
Accordingly, the order granting the motion to vacate the award and denying the cross motion to confirm the award, should be reversed on the law, with costs, the motion denied, and the cross motion granted.
Botein, P. J., Breitel, Rabin, Valente and McNally, JJ., concur.
Order unanimously reversed on the law, with costs, the motion denied, and the cross motion granted.
Settle order on notice.