History
  • No items yet
midpage
Omara v. International Service System, Inc.
213 A.D.2d 246
| N.Y. App. Div. | 1995
|
Check Treatment

—Judgment, Supreme Court, New York County (William J. Davis, J.), entered July 19, 1994, which denied petitioner’s application to vacate an arbitration award and dismissed the proceeding, unanimously affirmed, without costs.

Petitioner lacks standing to move to vacate the arbitrator’s award, since he is not a party to the collective bargaining agreement which provides in pertinent part that all Union claims, such as petitioner’s, be brought by the Union alone. (Compare, Matter of Diaz v Pilgrim State Psychiatric Ctr., 62 NY2d 693.) Petitioner has not produced evidence that he has the consent of the Union to appeal the award (Collective Bargaining Agreement, art VII, para 8), nor has he alleged that the Union breached its duty of fair representation or that the employer refused to follow the grievance procedures in the Collective Bargaining Agreement (Vaca v Sipes, 386 US 171). Concur—Murphy, P. J., Rosenberger, Rubin, Ross and Tom, JJ.

Case Details

Case Name: Omara v. International Service System, Inc.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 16, 1995
Citation: 213 A.D.2d 246
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.