Matter of Riverbay Corp. v. Local 32-E

In Matter of Riverbay Corp. v. Local 32-E, 91 A.D.2d 509 (1st Dep't 1982), the court held that the arbitrator exceeded his power and rendered a "totally irrational" construction to the contractual provisions in dispute because he required the employer to give a clear warning before discharging its employee. (Id.) The court concluded that the arbitrator, in effect, made an entirely new contract as the parties' agreement did not require that any warning be given. (Id., at 510.)