Opinion
October 30, 1995
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order is affirmed, with costs.
An arbitration award may not be vacated unless it violates a strong and substantial public policy, is irrational, or clearly exceeds a specific limitation on the arbitrator's power (see, Matter of Town of Callicoon [Civil Serv. Empls. Assn.], 70 N.Y.2d 907; Matter of Sprinzen [Nomberg], 46 N.Y.2d 623). Under the particular circumstances of this case, where the Tripartite Arbitration Board made a specific finding that the conduct of the petitioner's employee presented "a potential danger to fellow employees and the public", its modification of the penalty from dismissal to a suspension violated public policy. Requiring the petitioner to reinstate an employee who has been found to be a threat to public safety is contrary to public policy and to the petitioner's statutory responsibility to operate the transit system for the safety of the public (see, Public Authorities Law § 1204; Matter of Manhattan Bronx Surface Tr. Operating Auth. v. Transport Workers Union, 182 A.D.2d 626; see also, Matter of State Univ. of N.Y. v. Young, 170 A.D.2d 510). Consequently, the Supreme Court did not err in vacating so much of the award as modified the penalty imposed. Rosenblatt, J.P., Pizzuto, Altman and Hart, JJ., concur.