ALBANY – The state’s high court yesterday upheld an arbitrator’s decision to give a subway conductor his job back even though he had assaulted a customer on a Queens platform.
Reversing two lower court rulings, a 5-2 Court of Appeals majority said in New York City Transit Authority v. Transport Workers Union of America, 4, that the collective bargaining agreement between the conductor’s union and the New York City Transit Authority gave the arbitrator sufficient legal authority to decide for himself if the conductor should keep his job.
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