Practice point: The Appellate Division affirmed the denial of the Article 75 petition to vacate an arbitration award denying petitioner's grievance of respondent college's determination to deny her tenure, and granted the cross motion to confirm the arbitration award.
Petitioner's claim that the college did not provide adequate notice of any alleged deficiencies is unavailing, as the college's bylaws and the collective bargaining agreement provided notice that publication requirements were rigorous and progressive. In addition, there was adequate notice in the letter of concern that the college sent to petitioner five months before the tenure process, one year before her appeal, and fifteen months before the college's final determination.
The Appellate Division noted that the college's determination as to the quality and quantity of petitioner's publications was a proper exercise of academic judgment.
Student note: An arbitrator's award will not be vacated unless it violates a
strong public policy, is totally irrational, or exceeds a
specifically enumerated limitation on the arbitrator's power.
Case: Matter of Santos v. City Univ. of N.Y., NY Slip Op 02193 (1st Dept. 2015)
Here is the decision.
Monday's issue: A tenant-shareholder's action against the coop board.
