Justice Anil Singh
Port Authority (PA) sought to modify arbitration award, while Port Authority Police Lieutenants Benevolent Association (LBA) cross-moved to confirm the award. Labor organization LBA represented police lieutenants employed by PA, and the parties' relationship was governed by various Memoranda of Agreement (MOA) from 1985. Due to budget constraints, PA discontinued E-Z pass program for all PA retirees, including free passes. LBA filed a grievance arguing PA violated MOA by discontinuing the program for retirees. Arbitrator found in LBA's favor, ordering PA reinstate free passage and parking, and reimburse retirees for money spent since termination of the program. PA argued the arbitrator exceeded his powers in ruling that free passage should be applicable to all LBA retirees as the issue before him was limited to retirees under the 2003-2010 MOA. The court found the arbitrator did not exceed his powers, or rewrite the parties' agreement. It stated each new MOA was written to apply to all past retirees, at least to free passes, noting it would take a new collective bargaining agreement and MOA to end free passes for LBA members, past and present. Thus, the cross-petition to confirm the award was granted.
