Justice Leslie Stein
Job classifications and corresponding wage rates were set out in Adirondack Beverage's collective bargaining agreement (CBA) with respondent labor union. In 2008 Adirondack reassigned some of its highest paid classification mechanics to other duties. As a result, lower pay classification employees performed tasks previously done by the mechanics. Rejecting Adirondack's challenge to the timeliness of certain grievances, the arbitrator found certain employees entitled to back wages, negotiations as to higher wages and preferences with respect to filling certain positions. After appeal by the union, Third Department affirmed vacatur of the arbitrator's award. The arbitrator exceeded his powers in finding grievances filed in 2009 timely. Discussing Article VII §§4 and 2(A) of the CBA, Third Department held supreme court properly found the arbitrator exceeded a specifically enumerated limitation on his power by failing to recognize the CBA's time limit for filing grievances. By refusing to address whether the CBA's time limitation precluded the 2009 grievances from being arbitrated, the arbitrator ignored a specifically enumerated limitation on his powers and effectively modified, added to or subtracted from the terms of the CBA.
