CPLR Article 75 – Pospis Law, PLLC

May 1, 2021 by mjpospis

Sexual Harassment Arbitration Non-Termination Penalty Violated Public Policy

In a recent case, Matter of Arbitration between New York Office for People With Developmental Disabilities, No. 531029, 2021 N.Y. Slip Op. 02579, 2021 WL 1676979 (N.Y.A.D. 3 Dept. Apr. 29, 2021), the court upheld the lower court’s decision to vacate an arbitration award imposing, against an accused sexual harasser, a penalty the court deemed…

Sexual Harassment/Hostile Work Environment Offender Not Entitled to Reinstatement Under Collective Bargaining Agreement

In Phillips v. Manhattan & Bronx Surface Transit Operating Auth., 15 N.Y.S.3d 331 (N.Y. App. Div. 2015), the Appellate Division, First Department held that an arbitration award reinstating a sexual harassment offender (and union member) to his position pursuant to a Collective Bargaining Agreement was contrary to public policy. In sum, after a female bus…