Eastern Associated Coal v. United Mine Workers, A.
531 U.S. 57 (2000) Cited 565 times 6 Legal AnalysesHolding that federal law against use of drugs by transportation employees did not prevent enforcement of arbitration award to reinstate truck driver who had twice tested positive for marijuana
In Matter of Kowaleski v. N.Y. Dept.
16 N.Y.3d 85 (N.Y. 2010) Cited 114 timesHolding that Arbitrator exceeded his power by failing to consider a parties retaliation defense as required by Civil Service Law § 75-b
City Sch. Dist. of the New York v. McGraham
2011 N.Y. Slip Op. 8228 (N.Y. 2011) Cited 107 times2011-11-17 CITY SCHOOL DISTRICT OF the CITY OF NEW YORK, Appellant, v. Colleen McGRAHAM, Respondent. Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath, Cheryl Payer and Leonard Koerner of counsel), for appellant. Maria Elena Gonzalez, New York City, and Richard E. Casagrande for respondent. Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath, Cheryl Payer and Leonard Koerner of counsel), for appellant. Maria Elena Gonzalez, New York City, and Richard
In re N.Y.C. Transit Auth. v. Transport Workers U
99 N.Y.2d 1 (N.Y. 2002) Cited 136 times 1 Legal AnalysesFinding that "although the awards directed reinstatement of the employees, they clearly did not disregard safety concerns and the seriousness of the breaches of safety rules. Instead, they imposed serious financial sanctions in both cases"
Ernest v. Red Creek Central School District
93 N.Y.2d 664 (N.Y. 1999) Cited 137 timesHolding that a municipality owes no duty of care where it does not own or control a roadway
Pratt v. Robinson
39 N.Y.2d 554 (N.Y. 1976) Cited 218 timesHolding that a school's custodial duty toward a child ceases when "the child has passed out of the orbit of its authority in such a way that the parent is perfectly free to reassume control over the child"
187 Concourse Associates v. Fishman
399 F.3d 524 (2d Cir. 2005) Cited 48 timesHolding that where an arbitration agreement clearly provided that an employee could be terminated for just cause, the arbitrator had "no authority . . . to fashion an alternative remedy"
Trotta v. Ward
77 N.Y.2d 827 (N.Y. 1991) Cited 63 timesDecided January 15, 1991 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department. Victor A. Kovner, Corporation Counsel (Fay Ng of counsel), for appellant. Amy R. Agress for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, with costs, the determination of the Commissioner reinstated and the certified question answered in the negative. Disciplinary determinations by the Police Commissioner are entitled to substantial deference "because
In re Binghamton City School District
33 A.D.3d 1074 (N.Y. App. Div. 2006) Cited 21 timesIn Binghamton, the Third Department correctly noted, I believe, that a court's authority to overturn an arbitration award based on public policy grounds includes the state's compelling interest in protecting our children.
In re Board of Educ
75 A.D.3d 1067 (N.Y. App. Div. 2010) Cited 11 timesNo. CA 09-01851. July 2, 2010. Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered December 10, 2008 in a proceeding pursuant to CPLR article 75. The order denied the petition to confirm an arbitration award. LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN M. LICHTENTHAL OF COUNSEL), FOR PETITIONER-APPELLANT. ALEXANDER C. COLLICHIO, BUFFALO, FOR RESPONDENT-RESPONDENT. Present: Scudder, P.J., Martoche, Fahey, Green and Gorski, JJ. It is hereby ordered that the order
Section 3020-A - Disciplinary procedures and penalties
N.Y. Educ. Law § 3020-A Cited 919 timesApplying to "person enjoying the benefits of tenure"
Section 31306 - Alcohol and controlled substances testing
49 U.S.C. § 31306 Cited 72 timesAllowing preemployment, reasonable suspicion, random, and post-accident testing of operators of commercial motor vehicles