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MATTER OF REYES v. NEW YORK CITY TR. AUTH.

Index No. 650757/21. Appeal No. 15917. Case No. 2022-00024.

205 A.D.3d 492 (2022)

165 N.Y.S.3d 847

2022 NY Slip Op 03088

In the Matter of Joseph Reyes et al., Appellants, v. New York City Transit Authority, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2022.

Attorney(s) appearing for the Case

Advocates for Justice Chartered Attorneys, New York (Arthur Z. Schwartz of counsel), for appellants.

David I. Farber, Brooklyn (Robert K. Drinan of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Gesmer, González, JJ.

In January 2018, petitioner Transport Workers Union of Greater New York Local 100 filed a grievance on behalf of its member, petitioner Reyes, contending that Reyes had been improperly bypassed for overtime in favor of less senior employees. The arbitrator sustained the grievance, finding that the New York City Transit Authority had violated the collective bargaining agreement by improperly denying Reyes overtime opportunities in 2018. While noting that the normal remedy...

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