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Petitioner, Local 365, Cemetery Workers and Green Attendants Union, moved to confirm an arbitration award that reinstated employee John Grosso to his former position without back pay, following his discharge by Respondent, The Woodlawn Cemetery. Respondent cross-moved to vacate the reinstatement portion of the award. The dispute arose from Grosso's discharge for fighting, which was arbitrated under a Collective Bargaining Agreement (CBA). Prior NLRB proceedings had concluded that Grosso was discharged for fighting, not for union activities. The arbitrator found that while Grosso participated in a fight, he was not proven to be the aggressor and therefore not subject to immediate discharge under the CBA's 'assaulting another person' clause. The court, applying limited judicial review standards for arbitration awards, rejected Respondent's arguments of manifest disregard of the law and the arbitrator exceeding his authority. The court found no basis to vacate the award and consequently granted Petitioner's motion, denied Respondent's cross-motion, and confirmed the arbitration award.
Local 365, Cemetery Workers & Green Attendance Workers Union v. Woodlawn Cemetery is a workers' compensation case decided in District Court, S.D. New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, S.D. New York.
Full Decision Text1 Pages
Petitioner, Local 365, Cemetery Workers and Green Attendants Union, moved to confirm an arbitration award that reinstated employee John Grosso to his former position without back pay, following his discharge by Respondent, The Woodlawn Cemetery. Respondent cross-moved to vacate the reinstatement portion of the award. The dispute arose from Grosso's discharge for fighting, which was arbitrated under a Collective Bargaining Agreement (CBA). Prior NLRB proceedings had concluded that Grosso was discharged for fighting, not for union activities. The arbitrator found that while Grosso participated in a fight, he was not proven to be the aggressor and therefore not subject to immediate discharge under the CBA's 'assaulting another person' clause. The court, applying limited judicial review standards for arbitration awards, rejected Respondent's arguments of manifest disregard of the law and the arbitrator exceeding his authority. The court found no basis to vacate the award and consequently granted Petitioner's motion, denied Respondent's cross-motion, and confirmed the arbitration award.
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