Matter of Manhattan & Bronx Surface Tr. Operating Auth. v. Local 100, Transp. Workers Union of Am

In Matter of Manhattan & Bronx Surface Tr. Operating Auth. v. Local 100, Transp. Workers Union of Am., 84 AD2d 749, 750, 443 N.Y.S.2d 875 [2nd Dept 1981], the issue that was arbitrated was specifically arbitrable under the CBA which permitted the union to challenge the impact a change in schedule would have on a drivers' health and safety, even though the underlying scheduling decisions were reserved for management. The Second Department found that the arbitrator properly looked to past practice including an oral agreement between the parties to maintain a certain level of runs. The key component of the Second Department's determination was that the arbitrator did not exceed his power and was permitted to issue an award that "may well reflect the spirit rather than the letter of the agreement"