Opinion
July 6, 1993
Appeal from the Supreme Court, Suffolk County (Leis, J.).
Ordered that the judgment is reversed, on the law, with costs, and the arbitration award is reinstated and is confirmed in its entirety.
Where a dispute has been arbitrated pursuant to a broad arbitration agreement between the parties, the resulting award may not be vacated unless it is violative of a strong public policy, is totally irrational, or clearly exceeds a specifically-enumerated limitation on the arbitrator's power (see, Matter of Town of Callicoon [Civil Serv. Empls. Assn., Town of Callicoon Unit], 70 N.Y.2d 907; Matter of State Univ. v Young, 170 A.D.2d 510, cert denied ___ US ___, 113 S Ct 815). In the present case, the plain language of the collective bargaining agreement supported the arbitrator's conclusion that the Town of Huntington Superintendent of Highways could not reduce the "scheduled overtime" hours to which the Town of Huntington Department of Highways forepersons were entitled, without the consent of the petitioner union. Even if the arbitrator's interpretation of the agreement was erroneous, it was clearly not irrational (see, Matter of East Ramapo Cent. School Dist. v. East Ramapo Teachers Assn., 116 A.D.2d 645, affd 69 N.Y.2d 630). We also find unpersuasive the Town's assertion that the arbitrator's decision and award violated a strong public policy. The Town of Huntington Department of Highways was free to exercise its authority over the setting of work hours and schedules through the collective bargaining process, and cannot be said to have bargained this authority away under the facts of this case, especially given the short-term nature of the agreement in question (see, Matter of Port Jefferson Sta. Teachers Assn. v Brookhaven-Comsewogue Union Free School Dist., 45 N.Y.2d 898; cf., Board of Educ. v. Areman, 41 N.Y.2d 527; Matter of Meehan v Nassau Community Coll., 152 A.D.2d 313).
The Town's contention that the award of back wages amounted to the imposition of punitive damages is without merit. The record demonstrates that the arbitrator fashioned an appropriate remedy which was intended to compensate the grievants for the overtime wages improperly denied them, and not to punish the Town of Huntington Department of Highways for its breach of the agreement (see, Board of Educ. v. Niagara-Wheatfield Teachers Assn., 46 N.Y.2d 553, 558; Weidman v. Fuchsberg, 177 A.D.2d 342, 345; Matter of Trudeau [South Colonie Cent. School Dist.], 135 A.D.2d 150, 154, affd 73 N.Y.2d 736). Sullivan, J.P., Lawrence, Eiber and Ritter, JJ., concur.