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ARBITRATION AWARD WAS INDEFINITE AND NONFINAL (FOURTH DEPT).

The Fourth Department determined the arbitrator’s award concerning the transfer of employees was indefinite and nonfinal:

The arbitration proceeding arose from respondent’s plan to transfer certain employees previously assigned to work at a single location to new positions requiring them to alternate between two different work locations. The arbitrator’s opinion and award, among other things, found that respondent involuntarily transferred the grievants in violation of the collective bargaining agreement between the parties, and directed respondent to compensate the grievants “for work performed at more than one location from November 30, 2013 until the end of the 2016 Budget Year.”

We agree with respondent that Supreme Court erred in granting the petition and in denying the cross petition. An arbitration award “shall be vacated” where the arbitrator “so imperfectly executed [the award] that a final and definite award upon the subject matter submitted was not made”… . “An award is indefinite or nonfinal within the meaning of the statute only if it leaves the parties unable to determine their rights and obligations, if it does not resolve the controversy submitted or if it creates a new controversy’ ” … . Vacatur is appropriate where the award failed to set forth the manner of computing monetary damages… .

… The award does not explain the basis for the compensation allegedly owed to the grievants, nor does it detail how that compensation should be calculated.  Matter of The Professional, Clerical, Tech. Empls. Assn. (Board of Educ. for Buffalo City Sch. Dist.), 2018 NY Slip Op 04128, Fourth Dept 6-8-18​

ARBITRATION (ARBITRATION AWARD WAS INDEFINITE AND NONFINAL (FOURTH DEPT))/EMPLOYMENT LAW (ARBITRATION AWARD WAS INDEFINITE AND NONFINAL (FOURTH DEPT))/EDUCATION-SCHOOL LAW (EMPLOYMENT LAW, ARBITRATION AWARD WAS INDEFINITE AND NONFINAL (FOURTH DEPT))

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